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

If doctors aren't vigilant they could stretch or tear the brachial plexus the birth. This injury can result from medical malpractice and can cause Erb's palsy in infants.

Compensation can assist families with medical bills as well as for treatment. An Erb's palsy lawsuit may also provide compensation for emotional trauma.

What is Erb's palsy?

In Erb's palsy, a nerve network in the arms and neck (the brachial plexus) is damaged. The arm could become weak or inactive, and the child may have difficulty using it. A physical therapist can help improve the condition. In some instances it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately, 20 percent of Erb's Palsy children do not recover in any way.

A medical professional may cause an Erb's palsy injury during a difficult birth when he or her uses excessive force or pulls on the infant's shoulders to assist him or her emerge from the birth canal. This is known as shoulder dystocia, and it can occur in any birth however it is more common when a baby is bigger than average or is born to the side of the birth canal.

To avoid complications To avoid complications, doctors should be aware of risk factors and follow certain guidelines when they deliver babies. This is called the standard of care. Failure to follow this standard could result in serious injuries to mother and child.

If your child has suffered an injury to the brachial plexus, an Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can be used to pay for your child’s treatment and improve the quality of his or her life.

How do I file suit?

Erb's palsy is a common type of birth injury caused by medical negligence. This condition damages the brachial system of nerves that are located in the baby's neck and shoulders. This condition can cause significant financial and physical burdens for your family. It is crucial to work with an Long Island Erb's palsy lawyer to determine the extent of your child's injuries and the cost associated with them.

Medical professionals are trained to recognize shoulder dystocia risk factors during labor and birth and should be able stop these injuries. Sometimes a doctor or other medical professional could cause an Erb's palsy injury because they don't realize that the delivery process becomes more complicated and they take unnecessary steps to get the baby out of the womb that could lead to pulling too hard on nerves.

A doctor can also cause an Erb's palsy nerve injury since they may not choose to perform the Cesarean section when it is obvious that your child is likely to be difficult to deliver vaginally. If you believe that your child's Erb's palsy was the result of medical malpractice it is recommended that you work with a Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. The lawyer will assist you in calculating the potential compensation amount and determining future costs of your child's treatment. The majority of cases are settled through settlements, which provide faster and more complete financial compensation than going to trial.

What happens in a lawsuit?

If your child's erb's palsy attorney palsy was the result of negligence in the medical field and your family is entitled to compensation. This will cover future treatment, therapy as well as other costs that are associated with the nerve damage your child suffered.

An Erb's palsy lawsuit is a form of medical malpractice claim. Your lawyer will review the birth records of your child to determine whether there was negligence by the doctor during the birth. They may also ask medical experts to testify about the incident and its cause.

In many cases, Erb's palsy is the result of medical professionals pulling on the baby too hard to assist in the birth. This can result in injury to the brachialplexus. This is a common issue during shoulder dystocia. The shoulders of the newborn can get stuck in a woman's birth canal, creating excessive downward pressure.

Once your lawyer has collected the evidence required after which they file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase where both your lawyer and the legal team of the defendant will gather additional evidence to prove their sides of the case. This may include expert reports as well as depositions of witnesses and other documentation. Depending on the outcome of the discovery your case could settle out of court, or go to trial.

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

Every case is different and therefore there is no standard amount for settlement. But, the goal of our legal team is to pursue an amount which compensates you fairly. We will consider your expenses, including treatment costs and any loss of income. We also assist in preparing your tax return for any taxes that could be a part of your settlement.

With proper care, many cases of Erb's palsy could have been avoided. This is why we'd like to review your case free and see if you have grounds to sue.

Medical negligence is the cause of numerous birth injuries. This means that a doctor or nurse committed a mistake that negatively affected your child's well-being. These errors could be due to the improper use of forceps, or vacuum devices, trying to deliver a baby with an unusual size or position in the womb, and shoulder dystocia during birth. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's neck and shoulders during a difficult delivery. These risks are widely recognized by medical professionals and should be avoided. Contact us for a no-cost assessment of your case when you suspect that medical negligence has caused injury to your child during labor and delivery.