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

When doctors aren't careful they can stretch or tear the brachial muscle during the birth. This injury could result from medical negligence and may lead to Erb's palsy in infants.

Compensation can aid families in paying medical bills and also for treatment. A lawsuit involving Erb's palsy could also cover emotional trauma.

What is Erb's palsy?

In Erb's palsy, the brachial plexus (a network of nerves located in the neck and arms) is damaged. The arm can become weak or inactive and the child might be unable to use it. A physical therapist can help improve the condition. In some instances surgical procedures can be done to help repair or replace the affected nerve fibers. Unfortunately 20% of children with Erb's Palsy do not recover to a certain degree.

Erb's palsy can be caused by a medical professional who pulls or applies excessive force to the shoulders of the baby to help them get out of the birth canal. This is called shoulder dystocia. It could happen in any delivery. However, it's more common in cases where the baby is larger than the average or is born with a breech birth.

Doctors must be aware of the risk factors and follow specific protocols when they deliver babies to avoid complications. This is known as the standard of care. Failure to follow this standard can result in serious injuries to mother and child.

If your child has suffered from an injury to the brachial plexus, an Erb's palsy lawyer can help you file an action to recover financial compensation. The money will pay for your child's treatment and help them enjoy the best quality of life.

How do I make a claim?

Erb's Palsy is among the most common birth injuries that result from medical negligence. This condition affects the brachial plexus, a network of nerves in the neck of the baby and shoulders. The condition can result in substantial physical and financial costs for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the full extent of your child's injuries and the costs that go along with them.

Medical professionals are trained to spot shoulder dystocia risks during labor and birth and should be able to avoid these injuries. Sometimes, a doctor or another medical professional could trigger an injury to the Erb's palsy because they don't realize that the process of delivery is getting more complicated and do not take the necessary steps to get the baby out of the womb, which could result in pulling too far on the nerve.

A doctor could also trigger erb's palsy lawyers Palsy if they do not perform the Cesarean Section when it is clear that your child would be difficult to deliver vaginally. If you believe your child's Erb's Palsy was caused by medical malpractice it is recommended that you work with a 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 the possible compensation amount. Most cases are settled via settlements, which can provide quicker and more complete financial compensation than going to trial.

What happens if you are sued?

Your family is entitled to compensation if medical negligence led to your child's Erb palsy. This compensation could cover future therapy, treatment, and other expenses associated with the nerve damage of your child.

An Erb's Palsy lawsuit is a kind of medical malpractice claim. Your lawyer will examine the birth records of your child to determine if there was negligence on the part of a doctor during delivery. They may also ask experts in the field to testify about the injury and its cause.

Erb's Palsy may be caused by a healthcare professional pulling too hard on the infant to assist with the birth. This can lead to injuries to the brachial plexus. This is a common issue during shoulder dystocia. a baby's shoulders become stuck in the birth canal and can lead to excessive downward pressure on a woman's head and neck or shoulders.

Once your lawyer has collected the evidence needed and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery stage, in which your lawyer as well as the defendant's legal team will gather additional evidence to support their sides of the case. This could include expert reports or depositions of witnesses, as well as other evidence. Based on the results of the discovery, your case is likely to end up in court, or go to trial.

How much can I expect to get in a lawsuit, if I win?

There is no average settlement amount as each case is unique. Our legal team will fight to get you an acceptable settlement. We will consider all your expenses, such as treatment costs and lost income. We can also prepare your tax return for any taxes that might apply to your settlement.

If you had taken care of yourself, a lot of cases of Erb's Palsy could have been avoided. We will examine your case for free to determine if there are grounds for a suit.

Many birth injuries are caused by medical negligence, which means the nurse or doctor made an error that negatively affected your child's health. These errors can be traced to the improper use of forceps or vacuum devices when trying to deliver babies with an abnormal shape or position in the womb and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching the baby's head and shoulders during a difficult delivery. These risks are recognized by medical experts and should be avoided. Contact us for a no-cost analysis of your situation when you suspect that medical negligence led to an injury to your child during labor and birth.