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

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

Compensation can help families pay medical bills and treatments. An Erb's palsy lawsuit may also help with emotional trauma.

What is Erb's palsy?

In the case of Erb's palsy, a nerve network in the neck and arms (the brachial plexus) is damaged. This means that the arm may be weak or inactive and the child may be unable to use it. A physical therapist can help to improve the condition. In some instances, surgery may be required to repair or replace damaged nerve fibers. However 20% of children with Erb's syndrome do not recover to a certain degree.

A medical professional could cause an injury to the Erb's palsy during a difficult delivery when he or she applies excessive force or pulls on the baby's shoulders to assist them emerge from the birth canal. This is referred to as shoulder dystocia and it can occur during any delivery, but it's particularly common when a baby is bigger than average or was born to the side of the birth canal.

Doctors must be aware the risk factors and adhere to specific protocols when giving birth to avoid such complications. This is known as the standard of care. Infractions to this standard may result in serious injuries to the mother and child.

A lawyer from Erb's Palsy can help you file an action to get monetary compensation when your child has suffered an injury to their brachial plexus. This money can pay for your child's treatment and help them enjoy an improved quality of life.

How do I make a claim?

Erb's palsy is a very common birth injury that is caused by medical negligence. This condition affects the brachial plexus network of nerves in the neck of the baby and shoulders. This condition can have significant physical and financial burdens for your family. It is advisable to speak with an Long Island Erb’s palsy attorney to determine the totality and costs of your child's injuries.

Medical professionals are trained to recognize shoulder dystocia risk factors during labor and birth, and must be able to stop these injuries from happening. Sometimes, a doctor or medical professional can cause an Erb's palsy injury because they aren't aware that the process of delivery is becoming more complicated, and take unnecessary steps to get the baby out of the womb which can result in pulling too far on a nerve.

A doctor can also cause an Erb's palsy nerve injury because they do not decide to perform a Cesarean section when it is clear that your child will be difficult to deliver vaginally. If you believe that medical malpractice caused your child's Erb palsy, you should contact an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your lawyer will assist you to determine the cost of your child's treatment and calculate the possible compensation amount. The majority of cases are settled by settlements, which provide faster and more complete financial compensation than going to trial.

What happens if you file a lawsuit?

If your child's condition of Erb's palsy was caused by negligence on the part of a medical professional, your family deserves compensation. This will cover future treatment, therapy and other expenses that come along with your child's nerve injury.

An Erb's palsy lawsuit is a type of medical malpractice claim. Your lawyer will look over the birth records of your child to determine if there was negligence on the part of the doctor during the birth. They may also ask experts from the medical field to provide evidence on the incident and its cause.

Erb's Palsy may be caused by a medical worker pulling too hard on the baby to aid with birth. This can cause injuries to the brachial plexus. This is a frequent issue in shoulder dystocia. The baby's shoulders can get stuck in a birth canal of a woman, causing excessive downward pressure.

After your lawyer has gathered all the evidence necessary, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next stage is discovery, during which your lawyer and Erb's palsy lawsuit the legal team of the defendant will collect additional evidence to support their respective positions. This could include expert opinions witness depositions, expert reports, and other documents. Based on the outcome of the discovery, your case could settle out of court, or go to trial.

What amount can I expect to win in a lawsuit?

Every case is different Therefore, there isn't a standard settlement amount. However, the aim of our legal team is to secure an amount that compensates you fairly. We consider all your expenses, like treatment costs and lost income. We also assist in preparing your taxes that could be a part of your settlement.

Many cases of Erb's Palsy could have been prevented with proper treatment. We will examine your case at no cost to determine if there are grounds to bring a lawsuit.

Many birth injuries result from medical negligence, which means that the doctor or nurse committed an error that adversely affected your child's health. These errors can include improper use of forceps and vacuum devices, attempting to deliver a baby that has an unusual size or position in the womb, and shoulder dystocia during delivery. Often, the cause of shoulder dystocia is due excessive stretching or pulling of the infant's shoulders and head during a difficult or prolonged delivery. Medical experts are aware of the dangers and should be avoided. Contact us today for a free review of your case in the event that you believe medical negligence caused injury to your child during labor or delivery.