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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 muscle during the birth. This type of injury is usually caused by medical malpractice and can result in Erb's palsy among newborns.

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

What is Erb's palsy?

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

Erb's Palsy is often caused by medical professionals who pull or exerts excessive force on the shoulders of the baby to assist them emerge from the birth canal. This is referred to as shoulder dystocia. it can occur during any delivery but is most common when a baby is bigger than average or is born breech.

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

A lawyer for Erb's 'Palsy' can help you file an action to get 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 life.

How do I file a suit?

Erb's Palsy is one of the most common birth injuries caused by medical negligence. This condition damages the brachial system of nerves situated in the neck of the baby and shoulders. This condition can result in substantial financial and physical costs for your family. It is advisable to speak with a Long Island Erb’s palsy attorney to determine the totality and costs of your child's injuries.

Medical professionals are trained to spot shoulder dystocia risks during labor and delivery and should be able prevent these injuries. A doctor or other medical professional can cause Erb's Palsy when they aren't aware that the delivery is becoming more complicated and they take insufficient measures to help the baby get out. This could lead to pulling on a nerve.

A doctor could also cause an Erb's palsy nerve injury because they don't decide to perform a Cesarean section when it is obvious that your child will be unable to deliver vaginally. If you think that medical malpractice is the reason for your child's Erb palsy, consult a Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your attorney will assist you in calculating the possible compensation amount and determining future costs of the care of your child. Most cases are settled through settlements that provide faster and more comprehensive financial compensation than going to trial.

What happens in a lawsuit?

Your family is entitled to compensation for medical negligence that caused your child's Erb palsy. This compensation can cover future therapy, treatment, 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 review the birth records of your child and determine if a physician acted negligently during the delivery process. They may also use medical experts to testify on the injuries your child sustained and its causes.

erb's palsy attorneys Palsy may be caused by a health professional pulling too hard on the baby to aid in the birth. This can result in traction injuries in the brachialplexus. This is a typical problem in shoulder dystocia. The shoulders of the newborn can become stuck in the woman's birth canal, causing excessive downward pressure.

After your lawyer has obtained all the evidence needed to prove their case, they will file a lawsuit against the defendants. The defendants have around 30 days to respond. The next step is discovery. During this time, your lawyer and the legal team of the defendant will collect additional evidence in support of their respective positions. This could include expert reports witness depositions, expert reports, and other evidence. Based on the outcome of the discovery, your case will likely settle out of court, or go to trial.

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

There is no standard settlement amount because each case is unique. Our legal team will fight for you an appropriate settlement. We take into account your expenses, which include treatment costs and any loss of income. We can also help prepare your taxes that might apply to your settlement.

With proper care, many cases of Erb's palsy could be prevented. That is why we want to review your case for no cost and determine if you have a legal basis to sue.

Medical negligence is the cause of many birth injuries. This means that a doctor or a nurse made a mistake that adversely affected your child's wellbeing. These mistakes include the incorrect use of vacuum devices or forceps in the attempt to deliver babies with an abnormal position or size in the womb, and shoulder dystocia. Often, the cause of shoulder dystocia is caused by excessive stretching or pulling of the infant's head and shoulders during a long or difficult delivery. These risks are well known by medical professionals and should be avoided. If your child sustained an injury as a result of medical negligence during labor or delivery, contact us for a free case evaluation.