Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear the brachial plexus when they are not cautious during birth. This injury could be the result of medical malpractice and can cause Erb's palsy in newborns.
Compensation can help families pay medical bills and treatments. An Erb's Palsy lawsuit could also help with emotional trauma.
What is Erb's palsy?
In Erb's palsy, a nerve network in the neck and arms (the brachial plexus) is damaged. As a result, the arm may 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 certain cases surgical procedures can be done to heal or replace the damaged nerve fibers. However 20% of children with Erb's syndrome do not recover to a significant degree.
A medical professional can cause an injury to the Erb's palsy during a difficult delivery when he or she applies excessive force or pulls on the infant's shoulders to assist him or her emerge from the birth canal. This is referred to as shoulder dystocia. it can occur during any delivery, but it's particularly common when a baby is larger than average or is born with a breech birth.
Doctors need to be aware of the risk factors and adhere to specific protocols when giving birth to avoid such complications. This is called the standard of care. Failure to follow this standard could lead to serious injuries to both mother and child.
A lawyer for Erb's Palsy can help you file an action for monetary compensation in the event that your child has suffered an injury to their brachial plexus. This money can help pay for the treatment of your child and provide him or her with an improved quality of life.
How do I file suit?
Erb's palsy is a very common type of birth injury caused by medical negligence. It is a condition that harms the network of nerves in a baby's neck and shoulders, known as the brachial plexus. The condition can cause significant financial and physical expenses for your family. You should consult an Long Island Erb’s palsy attorney to determine the full extent and costs of your child's injuries.
Medical experts are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able to prevent these injuries. A doctor or medical professional can trigger Erb's Palsy when they aren't aware that the delivery is becoming complicated and take unnecessary measures to remove the baby. This can result in pulling on nerves.
A doctor can also trigger an Erb's palsy nerve injury since they may not choose to perform an Cesarean section when it is clear that your child will be unable to deliver vaginally. If you think that medical malpractice is the reason for your child's Erb palsy, you must consult a Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will help you determine the cost of your child's treatment and calculate your potential compensation amount. The majority of cases are settled by settlements, which provide faster and more comprehensive financial compensation than taking the case to trial.
What happens in a lawsuit?
If your child's Erb's Palsy was the result of medical negligence and your family is entitled to compensation. This compensation could cover future therapy, treatment and other costs associated with your child's nerve damage.
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 by the doctor during the birth. They can also engage medical experts to present evidence regarding the injury your child sustained and the underlying causes.
In many instances, Erb's palsy is the result of a medical professional pulling on the baby too hard to assist with the birth. This can result in injury to the brachialplexus. This is a frequent issue with shoulder dystocia. The shoulders of the newborn can become trapped in a birth canal, causing excessive downward pressure.
After your lawyer has gathered all the evidence necessary and has filed a lawsuit against the defendants. The defendants will then have around 30 days to respond. The next step is the discovery phase in which your lawyer as well as the legal team of the defendant collect additional evidence to support their side of the story. This could include expert reports, depositions from witnesses and other evidence. Your case could settle out of court or go to trial depending on the outcome of your discovery.
What is the maximum amount I can expect to get in a lawsuit?
Each case is unique There is no standard settlement amount. But, the goal of our legal team is to ensure a settlement that is fair to you. We consider all your expenses such as treatment costs and lost income. We also assist in preparing your tax return for any taxes applicable to your settlement.
Many cases of Erb's paralysis could have been prevented with proper care. We will look into your case at no cost to determine if there are grounds for a lawsuit.
Many birth injuries result from medical negligence. erb's palsy attorneys carson means an obstetrician or nurse made an error that negatively impacted your child's health. These errors could be due to the improper use of forceps and vacuum devices, trying to deliver a baby who has an unusual size or position in the womb, and shoulder dystocia during birth. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's neck and shoulders during the difficult delivery. These risks are well-known by medical professionals and should be avoided. If your child suffered an injury due to medical negligence during labor or delivery, contact us to get a no-cost case evaluation.