Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear the brachial plexus when they are not careful during the birth. This injury is often caused by medical negligence, and can result in Erb's palsy among newborns.
Compensation can aid families in paying medical bills and treatments. A lawsuit involving Erb's's Palsy' may also cover emotional trauma.
What is Erb's palsy?
In Erb's Palsy, the brachial plexus (a network of nerves located in the neck and arms) is damaged. The arm may become weak or inactive and the child might have difficulty using it. A physical therapist may be able assist in improving the condition. In some cases surgical procedures can be done to repair or replace the affected nerve fibers. Unfortunately, 20 percent of children with Erb's Palsy do not recover to a significant degree.
Erb's Palsy is often caused by medical professionals who pull or exerts excessive force on the shoulders of the infant to help them get out of the birth canal. This is called shoulder dystocia. erb's palsy attorneys high point can happen in any delivery. However, it's more frequent when the baby is larger than normal or 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 called the standard of care. Infractions to this standard could result in serious injuries to the mother and child.
If your child has suffered an injury to the brachial nerve, an Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can help pay for your child's treatment and allow them to enjoy better quality of life.
How do I file suit?
Erb's palsy is a very common birth injury that is caused by medical negligence. The condition causes damage to the brachial system of nerves that are located in the neck of the baby and shoulders. This condition can result in major physical and financial consequences for your family. It is crucial to work with a Long Island Erb's palsy lawyer to determine the totality of your child's injuries as well as the costs that go along with them.
Medical experts are trained to recognize shoulder dystocia risks during labor and delivery and should be able to prevent these injuries. A doctor or medical professional can cause Erb's Palsy if they don't realize that the delivery is becoming more complicated and take unnecessary measures to remove the baby. This could lead to pulling on nerves.
A doctor may also cause Erb's Palsy by not performing the Cesarean Section when it is clear that your child will be difficult to deliver vaginally. If you believe that medical malpractice was the cause of 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 you in calculating your potential compensation amount and determining future costs of the care of your child. The majority of cases are settled by settlements, which offer faster and more complete financial compensation than taking the case to trial.
What happens in a lawsuit?
Your family may be entitled to compensation in the event of medical negligence that led to your child's Erb palsy. This compensation could cover future treatment, therapy and other expenses that come along with the nerve damage of your child.
An Erb's palsy lawsuit is a 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 could also employ medical experts to present evidence regarding the injury your child sustained and the underlying causes.
Erb's palsy is often caused by a healthcare professional pulling too hard on the baby to aid during the birth. This can result in injury to the brachialplexus. This is a common issue during shoulder dystocia. The shoulders of the baby can become stuck in a woman's birth canal, creating excessive downward pressure.
After your lawyer has obtained all the evidence needed, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next step is discovery, in which your lawyer and the legal team of the defendant will gather additional evidence to support their respective positions. This could include expert opinions witness depositions, expert reports, and other evidence. Your case may settle out of court or go to trial depending on the outcome of your discovery.
How much should I expect to get in a lawsuit?
Each case is unique and therefore there is no standard amount for settlement. Our legal team will fight for you an appropriate settlement. We consider all of your expenses, like treatment costs and lost income. In addition, we can assist you in preparing for any taxes that may be applicable to your settlement.
Many cases of Erb's palsy could have been prevented with proper care. This is why we would like to examine your case free and see if you have a legal basis to sue.
Many birth injuries result from medical negligence, which means an obstetrician or nurse made an error that negatively affected your child's health. These mistakes can be caused by the improper use of forceps or other vacuum devices, trying to deliver a baby who has an unusual size or position in the womb, and shoulder dystocia during delivery. Often, the cause of shoulder dystocia is due to excessive pulling or stretching of the infant's shoulders and head during a long or difficult delivery. These risks are well known by medical professionals and should be avoided. Contact us for a no-cost assessment of your case in the event that you believe medical negligence caused an injury to your child during labor or delivery.