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

If doctors aren't cautious they may stretch or tear the brachial plexus during delivery. This injury could be a result of medical negligence and may lead to Erb's palsy in infants.

Compensation can aid families in paying medical bills and treatments. A lawsuit involving Erb's palsy could also cover emotional trauma.

What is Erb's palsy?

In Erb's syndrome, the brachial plexus (a network of nerves located 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 might be able help to improve the condition. In some cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately, however, 20 percent of children who suffer from Erb's Palsy do not recover to a certain degree.

Medical professionals can cause an Erb's Palsy injury during a difficult birth when he or she applies excessive force or pulls on the infant's shoulders to help 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 larger than average or born in a breech position.

Doctors must be aware of the risk factors and adhere to specific guidelines when giving birth to avoid such complications. This is called the standard of care. Failure to follow this standard may result in severe injuries to both mother and child.

An attorney for Erb's palsy can assist you in filing a lawsuit to receive an amount of money for your child who has suffered an injury to their brachial plexus. The money will pay for the treatment of your child and give him or her the best quality of life.

How do I file a suit?

Erb's syndrome is a common birth injury caused by medical negligence. It is a condition that causes damage to the nerves' network that connect the neck and shoulders, known as the brachial plexus. This condition can cause significant financial and physical costs for your family. You should speak with an Long Island Erb’s palsy attorney to determine the extent and cost of your child's injuries.

Medical professionals are trained to identify shoulder dystocia risk factors during labor and birth and should be able to avoid these injuries. A physician or other medical professional can trigger Erb's Palsy when they aren't aware that the delivery process is getting more complicated and if they take unnecessary steps to get the baby out. This could lead to pulling on a nerve.

A doctor can also cause Erb's palsy by not performing an Cesarean Section when it is clear that your child is difficult to deliver vaginally. If you suspect that your child's Erb's palsy was caused by medical malpractice it is recommended that you work with an Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your lawyer will assist you in calculating the potential compensation amount and also determining the future costs associated with your child's medical care. The majority of cases are settled through settlements, which can provide quicker and more comprehensive financial compensation than taking the case to trial.

What happens in a lawsuit?

Your family is entitled to compensation if medical negligence caused your child's Erb palsy. This could help pay for the cost of future treatment or therapy as well as other costs associated with your child's nerve damage.

An Erb's palsy lawsuit is a form of medical malpractice claim. Your lawyer will review the birth records of your child to determine if the doctor acted negligently during the delivery process. They could also employ medical experts to present evidence on the injuries your child sustained and the underlying causes.

Erb's Palsy may be caused by a health professional pulling too hard on the baby to aid in the birth. This can result in traction injuries in the brachialplexus. This is a common problem during shoulder dystocia, where a baby's shoulders become stuck in the birth canal. This can lead to excessive downward pressure on the head of a woman's, neck or shoulders.

After your lawyer has gathered all the evidence necessary and has filed a lawsuit against the defendants. The defendants then have about 30 days to respond. The next step is the discovery phase, where both your lawyer and the legal team of the defendant will gather additional evidence to support their respective sides of the argument. This could include expert opinions or depositions of witnesses, as well as other documents. Based on the outcome of the discovery, your case could be settled 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 settlement amount. Our legal team will fight for you an acceptable settlement. We will consider your expenses, which include treatment costs and any loss of income. We also assist in preparing your taxes that might apply to your settlement.

Many cases of Erb's syndrome could have been prevented with proper treatment. This is the reason we want to examine your case for no cost and determine if you are able to file a lawsuit.

Many birth injuries are caused by medical negligence. This means the nurse or doctor Erb's Palsy lawsuit made an error that negatively affected your child's health. These errors may include the improper use of forceps or vacuum devices, trying to deliver babies with an abnormal size or position in the womb, and shoulder dystocia. Often, the cause of shoulder dystocia is due to excessive stretching or pulling of the infant's shoulders and head during a prolonged or difficult delivery. Medical experts are aware of the risks and they should be avoided. If your child suffered an injury as a result of medical negligence during labor and delivery, contact us to get a free case evaluation.