Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors may stretch or tear brachial muscles if they're not attentive during the delivery. This injury is often caused by medical malpractice, and can lead to Erb's palsy among newborns.
Compensation can assist families with medical bills and treatments. An Erb's palsy lawsuit may also provide compensation for emotional trauma.
What is Erb’s palsy?
In Erb's Palsy, the brachial plexus (a network of nerves that runs through the neck and arms) is damaged. The result is that the arm could be weak or inactive and the child may have difficulty using it. A physical therapist can aid in improving the condition. In certain cases it is possible to undergo surgery to repair or replace the affected nerve fibers. Unfortunately, 20% of Erb's Palsy children are not able to recover in any way.
Medical professionals can cause an injury to the Erb's palsy during a difficult delivery when he or she applies excessive force or pulls on the baby's shoulders to help him or her emerge from the birth canal. This is called shoulder dystocia and can happen in any birth. However, it is more common when the baby is bigger than average or born to the breech position.
Doctors must be aware the risk factors and follow specific protocols when delivering babies to prevent such complications. This is called the standard of care. Failure to follow this standard can result in severe injuries to both mother and child.
If your child has suffered from an injury to the brachial plexus An attorney for Erb's palsy can assist you in filing lawsuits for compensation. The money will be used to cover the cost of your child's treatment and to improve his or her quality of life.
How do I start a lawsuit?
Erb's Palsy is one of the most commonly occurring birth injuries that result from medical negligence. It is a condition that damages the network of nerves in a baby's neck and shoulders, referred to as the brachial plexus. This condition can have major physical and financial consequences for your family. It is crucial to work with a Long Island Erb's palsy lawyer to determine the complete extent of your child's injuries as well as the expenses associated with them.
Medical experts are trained to recognize shoulder dystocia risks during labor and birth and should be able stop these injuries. A medical doctor or another professional could cause Erb's palsy when they aren't aware that the delivery is becoming complicated and take unnecessary measures to help the baby get out. This could lead to pulling on nerves.
A doctor may also cause an
erb's palsy lawsuits palsy nerve injury because they do not decide to perform an Cesarean section in the event that it is obvious your child is likely to be difficult to deliver vaginally. If you believe your child's Erb's syphilis was a result of medical malpractice, you should work with an Long Island Erb's Palsy Lawyer to submit a claim against responsible parties. Your attorney will help determine the cost for the future of your child's treatment, and calculate your possible compensation amount. The majority of cases are settled by settlements, which can provide quicker and more complete financial compensation than taking the case to trial.
What happens if you are sued?
If your child's Erb's palsy was caused by medical negligence and your family is entitled to compensation. This compensation can cover future therapy, treatment and other expenses that come along with your child's nerve damage.
An
Erb's palsy lawsuit is a kind of medical malpractice claim. Your lawyer will review your child's birth records and determine if the doctor acted in a negligent manner during the delivery process. They can also engage medical experts to give testimony on your child's injury and the underlying causes.
Erb's Palsy may be caused by a medical professional pulling too hard on the baby to help with the birth. This can result in injuries to the brachial plexus. This is a common problem in shoulder dystocia. The shoulders of the newborn can get stuck in a birth canal, causing excessive downward pressure.
After your lawyer has gathered the evidence they require, they will file your lawsuit against the defendants. The defendants will have approximately 30 days to respond. The next step is the discovery phase, in which your lawyer as well as the defendant's legal team will gather additional evidence to support their sides of the case. This can include expert reports as well as depositions of witnesses and other documentation. Based on the outcome of the discovery, your case may be settled out of court or go to trial.
How much money can I anticipate to win in a lawsuit should I win?
There is no average settlement amount as each case is different. Our legal team will fight to secure you a fair settlement. We consider your expenses, which include treatment costs and any loss of income. Additionally, we can also help you prepare for any taxes that may be applicable to your settlement.
With proper care, many cases of Erb's syndrome could be prevented. We will review your case for free to see if there are grounds for a suit.
Many birth injuries result from medical negligence, which means that the doctor or nurse committed an error that negatively impacted the health of your child. These errors include the improper use of forceps or vacuum devices when trying to deliver babies with an abnormal position or size in the womb and shoulder dystocia. Most of the time, the cause for shoulder dystocia is due to excessive stretching or pulling of the infant's shoulders or head during a difficult or prolonged delivery. Medical professionals are aware of the risks and suggest they be avoided. Contact us today for a free evaluation of your case when you suspect that medical negligence caused an injury to your child during labor and birth.