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

If doctors don't take care they could stretch or tear the brachial nerve during the birth. This injury can result from medical malpractice and may cause Erb's palsy in infants.

Compensation can help families pay medical expenses and to pay 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. 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 instances surgical procedures can be done to heal or replace the damaged nerve fibers. Unfortunately 20 percent of Erb's Palsy children are not able to recover in any way.

A medical professional can cause an Erb's palsy injury during a difficult birth in the event that he or she employs excessive force or pulls on the infant's shoulders to assist him or her emerge from the birth canal. This is called shoulder dystocia. It can happen in any birth. However, it is more common when the infant is larger than average or born to the breech position.

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

If your child has suffered an injury to the brachial nerve, an Erb's palsy lawyer can help you file an action to recover financial compensation. This money can pay for your child's treatment and provide him or her with the best quality of life.

How do I file suit?

Erb's palsy is a common birth injury that is caused by medical negligence. This condition damages the brachial plexus, a network of nerves in the neck of the baby and shoulders. This condition can cause significant financial and physical burdens for your family. It is important to work with a Long Island Erb's palsy lawyer to determine the complete extent of your child's injuries as well as the expenses associated with them.

Medical professionals are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able stop these injuries. Sometimes a doctor or other medical professional may cause an Erb's palsy injury because they don't know that the process of delivery is becoming complicated and make unnecessary steps to pull the baby out of the womb, which can lead to pulling too much on nerves.

A doctor could also cause an Erb's palsy nerve injury due to the fact that they fail to perform a Cesarean section when it is evident that your child will be difficult to deliver vaginally. If you believe your child's Erb's palsy was caused by medical malpractice, you should work with a Long Island Erb's Palsy Lawyer to submit a claim against responsible parties. Your lawyer will assist you in calculating your potential compensation amount and determining the future costs associated with your child's medical care. Settlements are the most common method of settling cases. They offer more complete financial compensation, and faster than a trial.

What happens if you are sued?

If your child's Erb's palsy was caused by negligence on the part of a medical professional Your family is entitled to compensation. This compensation can cover future treatment, therapy, and other expenses associated with your child's nerve damage.

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 by the doctor during the birth. They can also rely on medical experts to give testimony regarding the injury your child sustained and the causes.

In many cases, Erb's palsy is caused by a medical professional pulling on the baby too hard to help in the birth. This can cause trauma to the brachial plexus. This is a frequent issue with shoulder dystocia. The shoulders of the baby can become trapped in a woman's birth canal, causing excessive downward pressure.

After your lawyer has gathered the necessary evidence after which they file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is discovery, during which your lawyer and the legal team of the defendant will collect additional evidence to support their respective sides. This could include depositions of witnesses, expert reports and other documentation. Depending on the outcome of the discovery, your case may settle out of court, or go to trial.

How much can I expect to win in a court case if I win?

There is no average settlement amount because each case is different. But, the goal of our legal team is to ensure a settlement that compensates you fairly. We take into consideration all your expenses, including treatment costs, and lost income. We can also prepare you 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 be prevented. We will review your case for free to determine if there's grounds for a suit.

Medical negligence is responsible for many birth injuries. This means that a doctor or a nurse made a mistake that adversely affected the health of your child. These errors may include the improper use of vacuum devices or forceps, trying to deliver children with an abnormal position or size in the womb and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the infant's shoulders and head during an uneasy delivery. These risks are widely recognized by medical experts and should be avoided. If your child suffered an injury as a result of medical negligence during labor and birth, contact us for an assessment of your case at no cost.