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

When doctors aren't careful they may stretch or tear the brachial nerve during the birth. This injury could be a result of medical malpractice, and can lead to Erb's palsy in infants.

Compensation can assist families with medical bills as well as for treatment. An Erb's palsy lawsuit may also be able to cover emotional trauma.

What is Erb's palsy?

In Erb's palsy the nerve system of the neck and arms (the brachial plexus) is damaged. In the result, the arm might be weak or inactive and the child may be unable to use 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, however, 20 percent of children with Erb's Palsy do not recover in any way that is measurable.

Medical professionals can cause an Erb's palsy injury during a difficult birth when he or she applies excessive force or pulls on the infant's shoulders to assist the baby emerge from the birth canal. This is referred to as shoulder dystocia, and it can occur in any birth however it is more common when a baby is bigger than average or has been born with a breech birth.

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

If your child has suffered from an injury to the brachial area, an Erb's palsy lawyer can assist you in filing an action to recover financial compensation. This money can be used to pay for your child’s treatment and increase the quality of his or her life.

How do I start a lawsuit?

Erb's syndrome is a common birth injury caused by medical negligence. It is a condition that causes damage to the nerve system in a baby's neck and shoulders, which is known as the brachial plexus. This condition can cause significant financial and physical expenses for your family. It is crucial to work with an Long Island Erb's palsy lawyer to determine the complete extent 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 birth and should be able stop these injuries. Sometimes, a doctor or another medical professional could trigger an Erb's palsy injury because they don't know that a birth is getting more complicated and take unnecessary steps to get the baby out of the womb, which can result in pulling too heavily on a nerve.

A doctor can also cause an Erb's palsy nerve injury because they do not decide to perform an Cesarean section when it is obvious that your child will be unable to deliver vaginally. If you believe that your child's Erb's palsy was the result of medical negligence, you should work with an Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. The lawyer will assist you in calculating the potential compensation amount and also determining the future costs associated with your child's care. The majority of cases are settled by settlements that provide faster and more complete financial compensation than going to trial.

What happens in a lawsuit?

If your child's west haven erb's palsy lawsuit palsy was the result of medical negligence and your family is entitled to compensation. This will help pay the cost of future treatment therapies, as well as other expenses related to 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 and determine if a doctor acted in a negligent manner during the delivery process. They may also request experts in the field to testify about the cause of the injury and how it occurred.

In many cases, Erb's palsy is the result of a medical professional pulling on the baby too hard to assist with the birth. This can result in traction injuries in the brachialplexus. This is a frequent issue during shoulder dystocia. The baby's shoulders may get stuck in a birth canal, causing excessive downward pressure.

After your lawyer has gathered all the evidence necessary to prove their case, Erb's they will file a lawsuit against the defendants. The defendants will then have 30 days to respond. The next phase is discovery, where your lawyer and the legal team of the defendant will gather additional evidence to support their respective arguments. This could include depositions or depositions of witnesses, expert reports, and other documentation. Based on the outcome of the discovery, your case may end up in court, or go to trial.

What is the maximum amount I can expect to win in a lawsuit, if I win?

There isn't a standard settlement amount, since each case is unique. Our legal team will fight to get you an equitable settlement. We will consider all your expenses, like treatment costs and lost income. Additionally, we can help you prepare for any taxes that could apply to your settlement.

Many cases of Erb's Palsy could have been prevented by proper treatment. That is why we want to examine your case no cost and determine if you have grounds to sue.

Many birth injuries are the result of medical negligence, which means that an obstetrician or nurse made an error that negatively affected the health of your child. These errors could be due to the improper use of forceps and vacuum devices, attempting to deliver a baby with an unusual size or position in the womb, and shoulder dystocia during birth. Most often, the reason for shoulder dystocia can be traced to excessive pulling or stretching of the infant's head and shoulders during a difficult or prolonged delivery. Medical professionals are aware of these dangers and should be avoided. Contact us today for a free evaluation of your case when you suspect that medical negligence caused injury to your child during labor or birth.