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 can be the result of medical negligence and may lead to Erb's palsy in infants.

Compensation can aid families in paying 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 there is a nerve system in the arms and neck (the brachial plexus) is damaged. The arm can become weak or inactive and the child might be unable to use it. A physical therapist can help to improve the condition. In some instances surgical procedures can be done to help to repair or replace the affected nerve fibers. Unfortunately, 20% of children with Erb's palsy don't recover to a significant degree.

A medical professional could cause an Erb's palsy injury during a difficult birth if he or she uses excessive force or pulls on the infant's shoulders to help the infant emerge from the birth canal. This is known as shoulder dystocia, and it can happen in any delivery however it's more frequent when a baby is larger than average or is born breech.

To prevent complications, doctors must be aware of risk factors and follow certain guidelines when delivering the baby. This is called the standard of care and the non-observance of this standard can result in serious injuries to the mother and baby.

If your child has suffered from an injury to the brachial area, an erb's palsy law firms palsy lawyer can help you file an action to recover financial compensation. The money will be used to pay for your child’s treatment and enhance the quality of life.

How do I start a lawsuit?

Erb's Palsy is a frequent birth injury that is caused by medical negligence. This condition affects the network called brachial plexus of nerves that are located in the neck of the baby and shoulders. This can lead to significant physical and financial costs for your family. It is crucial to work with a Long Island Erb's palsy lawyer to determine the full extent of your child's injuries and 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 occurring. Sometimes a doctor or other medical professional could trigger an Erb's palsy injury because they do not realize that a birth is becoming complicated and do not take the necessary steps to get the baby out of the womb which could result in pulling too heavily on a nerve.

A doctor may also cause an Erb's palsy nerve injury because they don't decide to perform a Cesarean section in the event that it is obvious your child will be unable to deliver vaginally. If you suspect that 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 bring a lawsuit against the responsible parties. The lawyer will assist you in calculating the potential compensation amount and determining future costs of your child's treatment. Settlements are the most popular method of settling cases. They provide a greater financial settlement and are faster than going to trial.

What happens if you file a lawsuit?

If your child's Erb's palsy was caused by negligence on the part of a medical professional or negligence, your family should be compensated. This will help pay the cost of future treatment or therapy as well as other costs related to your child's nerve injury.

An Erb's palsy lawsuit is a kind of medical malpractice claim. Your lawyer will examine your child's birth records and determine if the doctor acted in a negligent manner during the delivery process. They may also request experts from the medical field to provide evidence on 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 lead to injury to the brachialplexus. This is a frequent issue with shoulder dystocia. The shoulders of the baby can get stuck in a woman's birth canal, creating excessive downward pressure.

After your lawyer has gathered all the evidence necessary and has filed an action against the defendants. The defendants then have around 30 days to respond. The next step is the discovery phase, which is when your lawyer and the legal team of the defendant will gather additional evidence to back their side of the story. This may include expert reports as well as depositions of witnesses and other evidence. Your case may settle out of court or go to trial depending on the outcome of your discovery.

How much should I expect to get in a lawsuit?

There is no standard settlement amount, since each case is different. Our legal team will fight hard to secure you an equitable settlement. We will consider your expenses, which include treatment costs and any loss of income. We can also help prepare your tax return for any taxes which could apply to your settlement.

Many cases of Erb's paralysis could have been prevented by taking proper care. We will look into your case at no cost to determine if there are grounds for a suit.

Medical negligence is responsible for many birth injuries. This means that a doctor or nurse made a mistake that adversely affected your child's well-being. These mistakes include the incorrect use of forceps or vacuum devices in the attempt to deliver children with an unusual position or size in the womb and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's head and Erb's shoulders during the delivery process. Medical experts are aware of these risks and recommend they be avoided. Contact us for a complimentary review of your case in the event that you believe medical negligence caused injury to your child during labor and birth.