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Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit

When doctors aren't careful they can stretch or tear the brachial nerve during the birth. This injury could be the result of medical malpractice, and can lead to Erb's palsy in newborns.

Compensation can help families pay for medical bills and treatment. An Erb's palsy lawsuit may also help with emotional trauma.

What is Erb's palsy?

In Erb's palsy the nerve system of the neck and arms (the brachial plexus) is damaged. As a result, the arm might be weak or inactive, and the child may be unable to use it. A physical therapist can help improve the condition. In some instances the need for surgery is to repair or replace damaged nerve fibers. Unfortunately 20 percent of Erb's Palsy children do not recover in any way.

Medical professionals can cause an Erb's palsy injury during a difficult delivery in the event that he or she employs excessive force or pulls on the infant's shoulders to assist them emerge from the birth canal. This is known as shoulder dystocia. it can occur during any birth, but it's particularly common when a baby is heavier than average or was born with a breech birth.

Doctors must be aware of the risk factors and follow specific protocols when giving birth to avoid such complications. This is called the standard of care. Failure to follow this standard could lead to serious injuries to mother and child.

If your child has suffered an injury to the brachial plexus, an Erb's palsy lawyer can help you file an action for financial compensation. This money can be used to pay for your child's treatment and enhance the quality of their life.

How do I file suit?

Erb's Palsy is among the most frequent birth injuries that result from medical negligence. It is a condition that harms the nerve system in the baby's neck and shoulders, which is known as the brachial plexus. This condition can cause significant physical and financial burdens for your family. It is important to work with a Long Island Erb's palsy lawyer to determine the full extent of your child's injuries as well as the costs that go along with them.

Medical professionals are trained to recognize risk factors of shoulder dystocia during labor and delivery, and they must be able to stop these injuries from happening. Sometimes, a doctor or medical professional may cause an Erb's palsy injury because they do not realize that the delivery process is becoming complicated and make unnecessary steps to pull the baby out of the womb which could result in pulling too heavily on nerves.

A doctor can also cause an Erb's palsy nerve injury because they don't decide to perform the Cesarean section in the event that it is obvious your child is likely to be difficult to deliver vaginally. If you think your child's Erb's palsy was caused by medical malpractice and you want to work with an Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your attorney will help determine the costs that will be incurred by your child's treatment, and calculate your possible compensation amount. Settlements are the most popular method of settling cases. They offer a more comprehensive financial compensation and quicker than going to trial.

What happens in a lawsuit?

If your child's Erb's palsy was caused by medical negligence or negligence, your family should be compensated. This can help cover the cost of treatment in the future as well as therapy, and other costs connected to your child's nerve damage.

An Erb's palsy lawsuit is a form of medical malpractice claim. Your lawyer will examine the birth records of your child to determine whether there was negligence by a doctor during delivery. They can also engage medical experts to give testimony on the injuries your child sustained and the reasons for it.

In many cases, Erb's palsy is caused by a medical professional pulling on the baby too hard to assist with the birth. This can lead to injuries to the brachial plexus. This is a common problem when shoulder dystocia occurs. The baby's shoulders can get stuck in a birth canal, causing excessive downward pressure.

Once your lawyer has gathered the evidence needed, they will file your lawsuit against the defendants. The defendants have 30 days to respond. The next phase is discovery, in which your lawyer and the legal team of the defendant will collect additional evidence to support their respective sides. This may include expert reports as well as depositions of witnesses and other documentation. Your case may settle out of court or go to trial depending on the outcome of your discovery.

What is the maximum amount I can expect to get in a lawsuit should I win?

There is no average settlement amount, since each case is different. Our legal team will fight for you an appropriate settlement. We take into consideration all of your expenses including treatment costs, and lost income. We can also prepare your taxes that could be a part of your settlement.

If properly treated, a number of cases of Erb's palsy could have been prevented. We will examine your case free of charge to determine if there are grounds to bring a lawsuit.

Many birth injuries are the result of medical negligence. This means an obstetrician or nurse made an error that negatively impacted the health of your child. These mistakes could include the incorrect use of forceps or vacuum devices, attempting to deliver a baby with an unusual size or position in the womb and shoulder dystocia in the delivery. Most of the time, the cause for shoulder dystocia can be traced to excessive pulling or stretching of the infant's shoulders or head during a prolonged or difficult delivery. These risks are widely recognized by medical experts and should be avoided. If your child suffered an injury due to medical negligence during labor or delivery, contact us to get a free case evaluation.