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

If doctors aren't vigilant they could stretch or tear the brachial nerve during the birth. This injury could result from medical malpractice, and can lead to Erb's palsy in newborns.

Compensation can help families pay medical bills and to pay for treatment. A lawsuit for Erb's Palsy may also cover emotional trauma.

What is Erb's palsy?

In Erb's palsy, a nerve network in the arms and neck (the brachial plexus) is damaged. The arm may become weak or inactive and the child may be unable to use it. A physical therapist can help to improve the condition. In some cases it is possible to undergo surgery to help restore or replace damaged nerve fibers. However 20% of children with Erb's Palsy do not recover to any measurable degree.

A medical professional can cause an Erb's Palsy injury during a difficult birth if he or she uses excessive force or pulls on the baby's shoulders to help the baby emerge from the birth canal. This is called shoulder dystocia. It could happen in any birth. However, it is more common when the baby is bigger than the average or is born to the breech position.

To prevent complications, doctors must be aware of risk factors and follow certain protocols when delivering 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.

If your child has suffered from an injury to the brachial nerve, an Erb's palsy lawyer can assist you in filing a lawsuit for monetary compensation. This money can be used to cover the cost of your child's treatment and improve the quality of their life.

How do I make a claim?

Norwalk Erb's Palsy Attorney palsy is among the most common birth injuries that result from medical malpractice. It is a condition that causes damage to the nerves' network that connect the neck and shoulders, which is known as the brachial plexus. The condition can cause substantial financial and physical costs for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries.

Medical professionals are trained to spot shoulder dystocia risk factors during labor and birth and should be able stop these injuries. Sometimes a doctor Norwalk Erb's Palsy Attorney or other medical professional can cause an injury to the Erb's palsy because they do not realize that a delivery is getting more complicated and are not taking the proper steps to get the baby out of the womb which can result in pulling too heavily on the nerve.

A doctor may also cause Erb's Palsy if they do not perform a Cesarean Section when it is clear that your child would be difficult to deliver vaginally. If you believe that medical negligence caused your child's Erb palsy, you should consult an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will assist in calculating the possible compensation amount and determining the future costs of your child's medical care. Settlements are the most common way to settle cases. They offer greater financial settlement and are quicker than a trial.

What happens in a lawsuit?

If your child's Erb's Palsy was caused by negligence in the medical field, your family deserves compensation. This compensation could cover future therapy, treatment, and other expenses associated with the nerve damage of your child.

An Erb's Palsy lawsuit is a type of medical malpractice claim. Your lawyer will look over the birth records of your child to determine if there was negligence on the part of the doctor during the birth. They may also request experts from the medical field to provide evidence on the cause of the injury and how it occurred.

Erb's palsy can be caused by a healthcare professional pulling too hard on the baby to help with birth. This can lead to injury to the brachial plexus. This is a common issue with shoulder dystocia. The shoulders of the baby can become trapped in a woman's birth canal, causing excessive downward pressure.

Once your lawyer has gathered the evidence needed, they will file your lawsuit against the defendants. The defendants will have about 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 or depositions of witnesses, expert reports, and other documents. Your case could settle out of court or go to trial depending on the outcome of your discovery.

How much can I expect to win in a lawsuit if I win?

Each case is unique and therefore there is no standard settlement amount. But, the goal of our legal team is to secure an amount that is fair to you. We consider all your expenses such as treatment costs and lost income. We can also help prepare you for any tax which could apply to your settlement.

With proper care, many cases of Erb’s palsy would have been prevented. We will examine your case for free to determine whether there are grounds to bring a lawsuit.

Many birth injuries are the result of medical negligence, which means a doctor or nurse made an error that negatively impacted your child's health. These mistakes could include the incorrect use of forceps, or vacuum devices, or attempting to deliver a baby that has an abnormal size or position in the womb and shoulder dystocia in the delivery. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's head and shoulders during the delivery process. These risks are widely recognized by medical experts and should be avoided. Contact us today for a free assessment of your case should you suspect that medical negligence led to an injury to your child during labor or delivery.