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

Doctors may stretch or tear brachial plexus when they are not careful during the birth. This injury could result from medical malpractice and can cause Erb's palsy in infants.

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

What is Erb's palsy?

In Erb's palsy the nerve network of the arms and neck (the brachial plexus) is damaged. The arm may become weak or inactive, and the child may be unable to use it. A physical therapist can aid in improving the condition. In certain cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately, however 20 percent of children who suffer from Erb's palsy do not recover to a certain degree.

A medical professional may cause an Erb's palsy injury during a difficult delivery if he or she uses excessive force or pulls on the baby's shoulders to assist him or her emerge from the birth canal. This is referred to as shoulder dystocia. it can happen during any birth however it's more frequent when a baby is heavier than average or was born in a breech position.

To prevent complications To avoid complications, doctors must be aware of risk factors and follow certain protocols when giving birth to the baby. This is known as the standard of care. Infractions to this standard may 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 an action to recover financial compensation. This money can help pay for the treatment of your child and allow them to enjoy better quality of life.

How do I file a suit?

Erb's palsy is a very common birth injury that is caused by medical negligence. It is a condition that harms the network of nerves in the baby's shoulders and neck, called the brachial plexus. This can lead to substantial financial and physical costs for your family. It is important to collaborate with an Long Island erb's palsy law firm palsy lawyer to determine the totality of your child's injuries as well as the costs that go along with them.

Medical professionals are trained to identify shoulder dystocia risk factors during labor and delivery and should be able to avoid these injuries. Sometimes a doctor or other medical professional can cause an Erb's palsy injury because they don't realize that a delivery is getting more complicated and take unnecessary steps to get the baby out of the womb that could lead to pulling too heavily on the nerve.

A doctor can also cause an Erb's palsy nerve injury due to the fact that they fail to perform the Cesarean section when it is obvious that your child will be unable to deliver vaginally. If you believe your child's Erb's palsy was a result of medical malpractice it is recommended that you work with an Long Island Erb's Palsy Lawyer to submit a claim against responsible parties. Your lawyer will help you determine the cost for the future of your child's treatment as well as calculate your possible compensation amount. Most cases are settled via settlements, which provide faster and more complete financial compensation than going to trial.

What happens if you are sued?

If your child's Erb's palsy was the result of medical negligence, your family deserves compensation. This compensation could cover future therapy, treatment and other expenses that come along with your child's nerve damage.

An Erb's palsy lawsuit is a medical malpractice claim. Your lawyer will examine the birth records of your child to determine whether there was negligence by an individual doctor during the delivery. They may also ask experts from the medical field to testify on the injuries and their causes.

In many cases, Erb's palsy is caused by medical professionals pulling the baby too hard to assist with the birth. This can result in traction injuries to the brachial plexus. This is a typical problem in shoulder dystocia. The shoulders of the newborn can become trapped in a woman's birth canal, causing excessive downward pressure.

After your lawyer has gathered all the evidence necessary, they will file an action against the defendants. The defendants will then have about 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 arguments. This can include depositions of witnesses, expert reports, and other documentation. Your case could be settled out of court or go to trial depending on the outcome of your discovery.

How much can I expect to receive in a lawsuit?

Every case is unique and therefore there is no standard amount for settlement. But, the objective of our legal team is to ensure an amount which compensates you fairly. We consider all of your expenses, such as treatment costs and lost income. In addition, we can help you prepare for any taxes that may be applicable to your settlement.

Many cases of Erb's syndrome could have been avoided by taking proper care. We will review your case for free to determine if there are grounds for 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 well-being. These mistakes include the incorrect use of vacuum devices or forceps in the process of delivering the child in an unusual position or size in the womb and shoulder dystocia. Most often, the reason for Erb's shoulder dystocia is due excessive stretching or pulling of the baby's shoulders and head during a difficult or prolonged delivery. Medical experts are aware of the risks and they should be avoided. If your child sustained an injury due to medical negligence during labor and delivery, contact us to get a no-cost case evaluation.