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

Doctors can stretch or tear the brachial plexus if not careful during the birth. This injury could result from medical negligence and may lead to Erb's palsy in newborns.

Compensation can aid families in paying medical bills and also for treatment. An Erb's palsy lawsuit may also provide compensation for 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 struggle to use it. A physical therapist may be able to assist in improving the condition. In certain instances surgery may be required to restore or replace damaged nerve fibers. Unfortunately, 20 percent of children who suffer from Erb's palsy do not recover to a significant degree.

A medical professional can cause an Erb's palsy injury during a difficult delivery in the event that he or she employs excessive force or pulls on the infant's shoulders to help them emerge from the birth canal. This is referred to as shoulder dystocia and it can happen during any birth however it's more frequent when a child is larger than average or has been born in a breech position.

Doctors should be aware of the risk factors and adhere to specific guidelines when giving birth to avoid such complications. This is known as the standard of care. Failure to follow this standard may result in serious injuries to 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 an action to recover financial compensation. The money will be used to cover the cost of your child's treatment and to improve the quality of life.

How do I start a lawsuit?

Erb's palsy is a common type of birth injury caused by medical negligence. It is a condition that causes damage to the network of nerves in the neck and shoulders, referred to as the brachial plexus. This condition can have significant physical and financial burdens for your family. It is essential to work with an Long Island Erb's palsy lawyer to determine the extent of your child's injuries and the costs associated with them.

Medical experts are trained to recognize shoulder dystocia risks during labor and birth and should be able prevent these injuries. Sometimes, a doctor or another medical professional could trigger an Erb's palsy injury because they aren't aware that a birth is getting more complicated and do not take the necessary steps to get the baby out of the womb which can lead to pulling too much on nerves.

A doctor could also cause an Erb's palsy nerve injury due to the fact that they fail to perform an Cesarean section when it is clear that your child will be difficult to deliver vaginally. If you suspect that your child's Erb's palsy was the result of medical malpractice and you want to work with a Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. Your lawyer will assist you to determine the cost of your child's treatment as well as calculate your potential compensation amount. Most cases are settled via settlements, which can provide quicker and more comprehensive financial compensation than taking the case to trial.

What happens if you are sued?

If your child's Erb's palsy was the result of negligence in the medical field or negligence, your family should be compensated. This compensation can cover future treatment, therapy as well as other costs that are associated with your child's nerve injury.

An Erb's palsy lawsuit is a kind of medical malpractice claim. Your lawyer will review the birth records of your child and determine if a doctor was negligently during the birth process. They may also use medical experts to provide testimony on your child's injury and its causes.

In many cases, Erb's palsy is caused by medical professionals pulling on the baby too hard to assist with the birth. This can cause trauma to the brachial plexus. This is a common problem with shoulder dystocia. The baby's shoulders may become stuck in the woman's birth canal, causing excessive downward pressure.

Once your lawyer has collected the evidence needed after which they file your lawsuit against the defendants. The defendants will then have 30 days to respond. The next step is the discovery process, in which your lawyer as well as the legal team of the defendant gather additional evidence to back their respective sides of the argument. This could include depositions of witnesses, expert reports, and other evidence. Your case could 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 is no average settlement amount, since each case is different. Our legal team will fight to get you an appropriate settlement. We consider all of your expenses like treatment costs and lost income. Additionally, we will also help you prepare for any taxes that could apply to your settlement.

Many cases of Erb's paralysis could have been prevented by taking proper care. This is the reason we want to review your case free and determine if you have grounds for a lawsuit.

Many birth injuries are the result of medical negligence, which means that a doctor or nurse made an error that negatively impacted the health of your child. These errors include the improper use of vacuum devices or forceps when trying to deliver babies with an abnormal size or position in the womb, and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the infant's shoulders and head during an uneasy delivery. Medical experts are aware of the risks and recommend they be avoided. Contact us today for a free review of your case should you suspect that medical negligence led to an injury to your child during labor and birth.