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

If doctors aren't cautious they may stretch or tear the brachial muscle during the birth. This injury is often caused by medical negligence, and can cause Erb's palsy in newborns.

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

What is Erb's palsy?

In the case of Erb's palsy there is a nerve system in the neck and arms (the brachial plexus) is damaged. In the result, the arm may be weak or inactive and the child may have difficulty using it. A physical therapist might be able to assist in improving the condition. In some cases it is possible to undergo surgery to help to repair or replace the affected nerve fibers. Unfortunately 20 percent of Erb's palsy children are not able to recover in any way.

Medical professionals can cause an Erb's palsy injury during a difficult delivery when he or her uses excessive force or pulls on the baby's shoulders to help the infant emerge from the birth canal. This is known as shoulder dystocia, and it can happen during any birth but is most common when a child is larger than average or is born in a breech position.

To avoid complications Doctors must be aware of risk factors and follow certain guidelines when delivering the baby. This is called the standard of care. Infractions to this standard can result in serious injuries to both mother and child.

If your child has suffered from an injury to the brachial area An attorney for Erb's palsy can help you file lawsuits for compensation. This money can be used to pay for your child's treatment and allow them to enjoy an improved quality of life.

How do I file a lawsuit?

Erb's Palsy is one of the most common birth injuries caused by medical negligence. It is a condition that harms the nerves' network in a baby's neck and shoulders, known as the brachial plexus. This condition can have substantial physical and financial costs for your family. It is advisable to speak with a Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries.

Medical experts are trained to recognize shoulder dystocia risks during labor and delivery and should be able prevent these injuries. Sometimes a doctor or other medical professional could trigger an injury known as Erb's-Plassy because they don't know that a birth is becoming complicated and take unnecessary steps to get the baby out of the womb, which can result in 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 clear that your child will be difficult to deliver vaginally. If you think that medical negligence caused your child's Erb palsy, you must consult an Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your lawyer will help you determine the cost for the future of your child's treatment, and calculate your potential compensation amount. Settlements are the most common way to settle cases. They offer greater financial settlement and are faster than a trial.

What happens in a lawsuit?

If your child's Erb's Palsy was the result of medical negligence and your family is entitled to compensation. This can help cover the cost of future treatments or therapy as well as other costs associated with your child's nerve injury.

A medical malpractice lawsuit for Erb's palsy is a type of Erb's Palsy. Your lawyer will look over the birth records of your child to determine if there was negligence by the doctor during the birth. They may also request experts in the field to testify about the injuries and their causes.

In many instances, Erb's palsy is caused by a medical professional pulling the baby too hard to help with the birth. This can cause traction injuries in the brachialplexus. This is a common problem when shoulder dystocia occurs. The baby's shoulders may become trapped in a birth canal of a woman, causing excessive downward pressure.

After your lawyer has gathered 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 process, which is where your lawyer and the legal team of the defendant will gather additional evidence to back their respective sides of the argument. This could include expert reports witness depositions, expert reports, and other documents. Your case may settle out of court or go to trial depending on the outcome of your discovery.

How much should I expect to receive in a lawsuit?

Every case is different, so there is no standard amount for settlement. Our legal team will fight to get you an appropriate settlement. We consider all your expenses including treatment costs, and lost income. Additionally, we will also help you prepare for any taxes that may apply to your settlement.

Many cases of Erb's palsy could have been avoided by proper treatment. That is why we want to examine your case for no cost and determine if you have grounds for a lawsuit.

Medical negligence is responsible for numerous birth injuries. This means that a doctor or a nurse made a mistake which negatively affected your child's well-being. These errors can include improper use of forceps or other vacuum devices, attempting to deliver a baby with an abnormal size or position in the womb, lawsuits and shoulder dystocia during delivery. Shoulder dystocia is often caused by excessive pulling or stretching of the infant's shoulders and head during the delivery process. These risks are well known by medical professionals and should be avoided. If your child sustained an injury due to medical negligence during labor or birth, please contact us for an assessment of your case at no cost.