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

If doctors aren't vigilant they can stretch or tear the brachial muscle during the birth. This injury can be a result of medical malpractice, and can lead to erb's palsy lawyer palsy in newborns.

Compensation can aid families in paying medical bills and treatment. An Erb's palsy lawsuit may also cover emotional trauma.

What is Erb's palsy?

In the case of Erb's palsy the nerve system of 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, surgery can be performed to help restore or replace damaged nerve fibers. Unfortunately, however 20 percent of children suffering from Erb's palsy do not recover in any way that is measurable.

A medical professional can cause an Erb's-Palsy injury during a difficult delivery when he or her uses excessive force or pulls on the baby's shoulders to assist the baby emerge from the birth canal. This is referred to as shoulder dystocia and it can occur in any delivery but is most common when a child is larger than average or born in a breech position.

Doctors must be aware the risk factors and follow specific protocols when delivering babies to avoid complications. This is called the standard of care, and a failure to adhere to this standard could result in serious injuries for the mother and baby.

An attorney for Erb's palsy can assist you in filing an action for monetary compensation when your child has suffered an injury to the brachial plexus. This money can be used to pay for your child's treatment and increase the quality of his or her life.

How do I file a suit?

Erb's Palsy is among the most frequent birth injuries that result from medical negligence. This condition can damage the brachial system of nerves that are located in the neck of the baby and shoulders. The condition can result in major physical and financial consequences for your family. You should consult an Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries.

Medical experts are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able to avoid these injuries. A doctor or medical professional could trigger Erb's - Palsy in the event that they do not realize the delivery is getting complicated and Erb's palsy lawsuit take unnecessary measures to remove the baby. This could result in pulling on a nerve.

A doctor can also cause Erb's palsy by not performing the Cesarean Section when it is clear that your child would be difficult to deliver vaginally. If you suspect that medical negligence caused your child's Erb palsy, it is recommended that you consult an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will help determine the future cost of your child's treatment and calculate your possible compensation amount. Most cases are settled via settlements that provide faster and more complete financial compensation than taking the case to trial.

What happens if you file a lawsuit?

Your family is entitled to compensation for medical negligence that caused your child's Erb palsy. This could help pay for the cost of any future treatment, therapy and other expenses that are related to your child's neuro damage.

A medical malpractice lawsuit for Erb's palsy is a type of Erb's Palsy. Your lawyer will review the birth records of your child to determine whether there was negligence by the doctor during the birth. They can also engage medical experts to give testimony regarding the injury your child sustained and the reasons for it.

Erb's Palsy may be caused by a healthcare professional pulling too hard on the baby to aid during the birth. This can cause injuries to the brachialplexus. This is a common problem when shoulder dystocia occurs. The baby's shoulders can get stuck in a birth canal, causing excessive downward pressure.

After your lawyer has obtained all the evidence needed to prove their case, they will file a lawsuit against the defendants. The defendants then have around 30 days to respond. The next step is the discovery stage, which is when your lawyer and the defendant's legal team will gather additional evidence to support their sides of the case. This could include expert opinions, depositions from witnesses and other evidence. Your case may settle out of court or go to trial based on the outcome of your discovery.

How much should I expect to win in a lawsuit?

There isn't a standard settlement amount because each case is different. The goal of our legal team is to secure a settlement that is fair to you. We consider all your expenses, like treatment costs and lost income. We also assist in preparing you for any taxes applicable to your settlement.

If properly treated, a number of cases of Erb’s palsy would be avoided. 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. This means a doctor or nurse made an error that adversely affected the health of your child. These errors may include the improper use of forceps or vacuum devices in the attempt to deliver children with an abnormal position or size in the womb, and shoulder dystocia. Often, the cause of shoulder dystocia is due excessive stretching or pulling of the infant's shoulders and head during a lengthy or difficult delivery. Medical professionals are aware of the risks and suggest they be avoided. Contact us for a complimentary assessment of your case should you suspect that medical negligence caused an injury to your child during labor or birth.