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

When doctors aren't careful they can stretch or tear the brachial nerve during delivery. This type of injury is usually caused by medical negligence, and can result in Erb's Palsy in newborns.

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

What is Erb's palsy?

In Erb's syndrome there is a nerve system in the arms and neck (the brachial plexus) is damaged. The arm may become weak or inactive and the child might have difficulty using it. A physical therapist may be able help to improve the condition. In some cases, surgery may be required to repair or replace damaged nerve fibers. Unfortunately 20 percent of Erb's Palsy children do not recover in any way.

A medical professional may cause an Erb's palsy injury during a difficult birth when he or her uses excessive force or pulls on the baby's shoulders to assist the baby emerge from the birth canal. This is known as shoulder dystocia and can happen in any birth. However, it is more common when the infant is bigger than normal or born to the breech position.

To avoid complications, doctors must be aware of risk factors and follow certain guidelines when they deliver babies. This is known as the standard of care and the non-observance of this standard could result in serious injuries for the mother and child.

A lawyer for Erb's Palsy can assist you in filing an action to obtain an amount of money for your child who has suffered an injury to the brachial plexus. The money will be used to pay for your child’s treatment and improve the quality of life.

How do I file suit?

Erb's palsy is among the most commonly occurring birth injuries caused by medical malpractice. It is a condition that harms the nerve system that connect the neck and shoulders, known as the brachial plexus. The condition can cause significant financial and Erb's palsy lawsuit physical burdens for your family. It is recommended to consult an Long Island Erb’s palsy attorney to determine the full extent and costs of your child's injuries.

Medical experts are trained to recognize shoulder dystocia risks during labor and birth and should be able prevent these injuries. A medical doctor or another professional can cause Erb's Palsy if they fail to recognize that the delivery is getting complicated and they take insufficient measures to get the baby out. This could result in pulling on nerves.

A doctor can also cause Erb's Palsy if they do not perform the Cesarean Section when it is clear that your child will be difficult to deliver vaginally. If you think your child's Erb's Palsy was a result of medical malpractice You should consult a Long Island erb's palsy law firm Palsy Lawyer to make a claim against the responsible parties. Your lawyer will assist you in calculating the possible compensation amount and also determining the future costs of your child's treatment. Settlements are the most frequent method of settling cases. They provide a greater financial settlement and are faster than going to trial.

What happens during a lawsuit?

If your child's Erb's palsy was the result of negligence on the part of a medical professional or negligence, your family should be compensated. This will help pay the cost of future treatments as well as therapy, and other costs associated with your child's nerve damage.

An Erb's palsy lawsuit is a form of medical malpractice claim. Your lawyer will go through your child's birth records and determine if a doctor acted in a negligent manner during the delivery process. They could also employ medical experts to testify on your child's injury and the causes.

In many cases, Erb's palsy is the result of medical professionals 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 when shoulder dystocia occurs. The baby's shoulders can become stuck in a birth canal, causing excessive downward pressure.

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

What amount can I expect to win in a lawsuit?

Every case is unique and therefore there is no standard amount for settlement. Our legal team will fight to secure you a fair settlement. We consider your expenses, which include the cost of treatment and any loss of income. We can also prepare you for any taxes that might apply to your settlement.

If properly treated, a number of cases of Erb's syndrome could have been avoided. That is why we want to review your case no cost and determine if you have grounds to sue.

Medical negligence is the cause of numerous birth injuries. This means that a doctor or nurse made a mistake which negatively affected your child's health. These mistakes include the incorrect use of forceps or vacuum devices, trying to deliver the child in an unusual position or size in the womb, and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching the baby's neck and shoulders during an uneasy delivery. These risks are well known by medical experts and should be avoided. If your child sustained an injury due to medical negligence during labor or delivery, contact us to get an assessment of your case at no cost.