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

Doctors can stretch or tear the brachial muscles if they're not careful during delivery. This injury could be a result of medical negligence and may lead to Erb's palsy in newborns.

Compensation can aid families in paying medical bills and treatments. An Erb's palsy lawsuit may also be able to cover emotional trauma.

What is Erb's palsy?

In Erb's palsy, the brachial plexus (a network of nerves in the neck and arms) is damaged. This means that the arm could be weak or inactive, and the child may be unable to use it. A physical therapist may help improve the condition. In certain instances, surgery can be performed to restore or replace damaged nerve fibers. Unfortunately, 20% of Erb's Palsy children are not able to recover in any way.

Erb's Palsy is often caused by medical professionals who pull or puts excessive pressure on the shoulders of the baby to help them to emerge from the birth canal. This is referred to as shoulder dystocia, and it can happen during any birth however it is more common when a child is larger than average or is born with a breech birth.

Doctors need to be aware of the risk factors and follow specific protocols when delivering babies to avoid these complications. This is known as the standard of care, and the failure to follow this standard can result in serious injuries to the mother and child.

If your child has suffered from an injury to the brachial plexus, an Erb's palsy lawyer can help you file an action to recover financial compensation. This money can be used to pay for the treatment of your child and help them enjoy a better quality of life.

How do I make a claim?

Erb's palsy is among the most common birth injuries caused by medical negligence. This condition damages the brachial plexus, a network of nerves in the neck of the baby and shoulders. This can lead to substantial financial and physical costs for your family. You should speak with a Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries.

Medical professionals are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able to avoid these injuries. Sometimes a doctor or other medical professional could trigger an injury to the Erb's palsy because they don't know that the process of delivery is getting more complicated and make unnecessary steps to pull the baby out of the womb, which could result in pulling too much on nerves.

A doctor could also trigger Erb's Palsy if they do not perform an Cesarean Section when it is clear that your child would be difficult to deliver vaginally. If you suspect that medical malpractice is the reason for your child's Erb palsy, you should seek out an Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your attorney will assist in calculating the potential compensation amount and also determining the future costs associated with your child's medical care. Most cases are settled via settlements, which offer faster and more comprehensive financial compensation than going to trial.

What happens in a lawsuit?

Your family can claim compensation in the event of medical negligence that led to your child's Erb palsy. This can help to cover the cost of treatment in the future or therapy as well as other costs that are related to your child's neuro damage.

An erb's palsy law firm palsy lawsuit is a medical malpractice claim. Your lawyer will examine the birth records of your child to determine if a physician acted negligently during the birth process. They can also engage medical experts to provide testimony on your child's injury and the underlying causes.

In many cases, Erb's Palsy is caused by a medical professional pulling the baby too hard to assist in the birth. This can lead to injuries to the brachial plexus. This is a typical problem during shoulder dystocia, where a baby's shoulders become stuck in the birth canal and can lead to excessive downward pressure on the head of a woman's and neck or shoulders.

Once your lawyer has gathered the evidence required and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery process, which is when your lawyer and the defendant's legal team will gather additional evidence to support their respective sides of the argument. This could include depositions of witnesses, expert reports and other documentation. Your case may settle out of court or go to trial based on the outcome of your discovery.

What is the maximum amount I can expect to receive in a lawsuit?

There isn't a standard settlement amount as each case is different. However, the aim of our legal team is to fight for an amount that compensates you in a fair manner. We take into consideration all of your expenses, like treatment costs and Erb's Palsy lawsuit lost income. We can also help you prepare for any tax implications that might 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 see if there are grounds for a suit.

Many birth injuries result from medical negligence, which means that a doctor or nurse made an error that negatively impacted your child's health. These errors may include the improper use of vacuum devices or forceps in the attempt to deliver a child with an abnormal size or position in the womb, and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's head and shoulders during the difficult delivery. These risks are recognized by medical professionals and Erb's palsy lawsuit should be avoided. Contact us for a free review of your case in the event that you believe medical negligence has caused injury to your child during labor and delivery.