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

When doctors aren't careful, they can stretch or tear the brachial muscle during the birth. This injury can result from medical negligence and may lead to Erb's palsy in infants.

Compensation can aid families in paying medical bills and for treatment. An Erb's palsy lawsuit may also cover emotional trauma.

What is Erb's palsy?

In Erb's palsy the nerve network of the neck and arms (the brachial plexus) is damaged. This means that the arm might be weak or inactive and the child may have difficulty using it. A physical therapist may be able to help improve the condition. In some instances surgical procedures can be done to to repair or replace the affected nerve fibers. Unfortunately, 20 percent of Erb's Palsy children are not able to recover in any way.

A medical professional may cause an Erb's palsy injury during a difficult birth if he or she uses excessive force or Erb's Palsy pulls on the baby's shoulders to help them emerge from the birth canal. This is referred to as shoulder dystocia and it can happen during any birth, but it's particularly common when a child is larger than average or erb's palsy was born with a breech birth.

Doctors should be aware of the risk factors and adhere to specific guidelines when giving birth to avoid these complications. This is known as the standard of care. Failure to follow this standard could lead to serious injuries to both mother and child.

If your child has suffered from an injury to the brachial plexus, an Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can be used to cover the cost of your child's treatment and increase his or her quality of life.

How do I file a suit?

Erb's palsy is a frequent birth injury caused by medical negligence. This condition affects the brachial plexus network of nerves that are located in the baby's neck and shoulders. The condition can cause significant physical and financial costs for your family. It is important to collaborate with an Long Island Erb's palsy lawyer to determine the full extent of your child's injuries as well as the expenses associated with them.

Medical professionals are trained to recognize the potential risk factors for shoulder dystocia during labor and birth, and should be able prevent these injuries from happening. Sometimes, a doctor or medical professional could trigger an Erb's palsy injury because they don't realize that a delivery is becoming more complicated, and make unnecessary steps to pull the baby out of the womb, which can result in pulling too heavily on a nerve.

A doctor may also cause an Erb's palsy nerve injury because they do not decide to perform an Cesarean section when it is evident that your child is likely to be difficult to deliver vaginally. If you believe that your child's Erb's palsy was a result of medical malpractice, you should work with a Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. Your lawyer will help you determine the costs that will be incurred by your child's treatment as well as calculate your potential compensation amount. Most cases are settled via settlements, which provide faster and more comprehensive financial compensation than taking the case to trial.

What happens in a lawsuit?

If your child's Erb's palsy was caused by negligence in the medical field or negligence, your family should be compensated. This will cover future treatment, therapy, and other expenses associated with your child's nerve injury.

An Erb's palsy lawsuit is a medical malpractice claim. The lawyer will go over the birth records of your child to determine if there was negligence on the part of a doctor during delivery. They may also ask 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 medical professionals pulling the baby too hard to assist in the birth. This can cause trauma to the brachial plexus. This is a common issue when shoulder dystocia occurs. The baby's shoulders may become trapped in a birth canal, causing excessive downward pressure.

After your lawyer has gathered the evidence needed and documents, they will file your lawsuit against the defendants. The defendants have around 30 days to respond. The next step is discovery, during which your lawyer and the legal team of the defendant will gather additional evidence to support their respective sides. This could include depositions of witnesses, expert reports and other evidence. Based on the results of the discovery, your case may settle out of court or go to trial.

How much can I expect to get in a lawsuit?

There is no average settlement amount, since each case is unique. Our legal team will fight for you an appropriate settlement. We consider your expenses, which include treatment costs as well as any loss of income. Additionally, we will also help you prepare for any tax implications that might apply to your settlement.

If properly treated, a number of cases of Erb's palsy could be avoided. This is the reason we want to review your case for free and determine if you are able to file a lawsuit.

Medical negligence is the cause of numerous birth injuries. This means that a doctor or a nurse committed a mistake that negatively affected the health of your child. These errors can be traced to the improper use of forceps or vacuum devices when trying to deliver the child in an unusual position or size in the womb and shoulder dystocia. Most of the time, the cause for shoulder dystocia is due to excessive stretching or pulling of the infant's head and shoulders during a long or difficult delivery. These risks are recognized by medical experts and should be avoided. Contact us for a complimentary analysis of your situation should you suspect that medical negligence caused injury to your child during labor and birth.