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

If doctors aren't vigilant, they can stretch or tear the brachial plexus during the birth. This injury can be a result of medical malpractice and may cause Erb's palsy in infants.

Compensation can assist families with medical bills and treatment. An Erb's palsy lawsuit may also cover emotional trauma.

What is Erb's palsy?

In Erb's syndrome there is a nerve system in the neck and arms (the brachial plexus) is damaged. This means that the arm might be weak or inactive, and the child may have difficulty using it. A physical therapist may help improve the condition. In certain cases surgery may be required to repair or replace the affected nerve fibers. Unfortunately 20% of Erb's Palsy children are not able to 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 baby's shoulders to assist him or her emerge from the birth canal. This is called shoulder dystocia. It could happen at any time during a delivery. However, it's more common in cases where the baby is larger than normal or born with a breech birth.

Doctors must be aware the risk factors and follow specific guidelines when giving birth to prevent such complications. This is called the standard of care and the non-observance of this standard can result in serious injuries for the mother and child.

A lawyer for Erb's Palsy can assist you in filing an action for monetary compensation when your child has suffered an injury to the brachial-plexus. This money can be used to pay for your child’s treatment and increase the quality of their life.

How do I file a lawsuit?

Erb's palsy is a frequent birth injury that is caused by medical negligence. It is a condition that damages the network of nerves in the baby's neck and shoulders, referred to as the brachial plexus. This condition can have significant physical and financial burdens for your family. It is important to work with an Long Island Erb's palsy lawyer to determine the totality 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 are able to prevent these injuries from happening. Sometimes a doctor or other medical professional could cause an injury to the Erb's palsy because they don't know that a delivery becomes more complicated and they do not take the necessary steps to get the baby out of the womb, which can lead to pulling too much on nerves.

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

What happens if you are sued?

If your child's Erb's Palsy was caused by negligence in the medical field or negligence, your family should be compensated. This compensation could cover future treatment, therapy, and other expenses associated with your child's nerve damage.

An Erb's palsy lawsuit is a form of medical malpractice claim. Your lawyer will review the birth records of your child to determine if a doctor was in a negligent way during the delivery process. They can also rely on medical experts to testify on your child's injury and its causes.

Erb's Palsy may be caused by a health professional pulling too hard on the baby in order to assist with the birth. This can result in trauma to the brachial plexus. This is a common problem during shoulder dystocia. The shoulders of the newborn can become stuck in the birth canal of a woman, causing excessive downward pressure.

Once your lawyer has collected the necessary evidence and documents, they will file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase which is where your lawyer and the defendant's legal team will gather additional evidence to support their respective sides of the argument. This could include depositions or depositions of witnesses, expert reports, and other documentation. Your case could be settled out of court or go to trial based on the outcome of your discovery.

What is the maximum amount I can anticipate to receive in a lawsuit?

Every case is different and therefore there is no standard amount for settlement. The goal of our legal team is to ensure an amount which compensates you fairly. We take into consideration all your expenses like treatment costs and lost income. We can help you prepare for any taxes that may apply to your settlement.

Many cases of Erb's Palsy could have been avoided with proper treatment. That is why we want to examine your case free and see if you are able to file a lawsuit.

Medical negligence is the cause of many birth injuries. This means that a doctor or a nurse committed a mistake that negatively affected your child's health. These errors could be due to the improper use of forceps and vacuum devices, trying to deliver a baby that has an abnormal size or position in the womb, and shoulder dystocia in the delivery. Shoulder dystocia is often caused by excessive pulling or stretching the infant's shoulders and head during a difficult delivery. These risks are well-known by medical experts and should be avoided. If your child suffered an injury due to medical negligence during labor and delivery, contact us to get an evaluation of your case for free.