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Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors don't take care they may stretch or tear the brachial nerve during the birth. This injury can be a result of medical malpractice and may cause Erb's palsy in infants.
Compensation can help families pay for medical bills and treatments. A lawsuit for the condition Erb's Palsy may also cover emotional trauma.
What is Erb’s palsy?
In Erb's Palsy, the brachial plexus (a network of nerves in the neck and arms) is damaged. The arm could become weak or inactive, and the child may have difficulty using it. erb's palsy law firm garden grove may be able to help improve the condition. In some cases, surgery can be performed to help restore or replace damaged nerve fibers. Unfortunately, 20 percent of children with Erb's Palsy do not recover to a certain degree.
A medical professional could cause an injury to the Erb's palsy during a difficult birth if he or she uses excessive force or pulls on the baby's shoulders to help the infant emerge from the birth canal. This is known as shoulder dystocia and can happen in any delivery. However, it is more common when the infant is bigger than the average or is born in a breech position.
Doctors need to be aware of the risk factors and follow specific guidelines when giving birth to prevent such complications. This is known as the standard of care. Failure to follow this standard can result in severe injuries to both mother and child.
An attorney for Erb's palsy can assist you in filing a lawsuit to receive an amount of money when your child has suffered an injury to the brachial plexus. The money will be used to pay for your child's treatment and improve the quality of life.
How do I file a suit?
Erb's palsy is a common type of birth injury caused by medical negligence. It is a condition that damages the network of nerves in the neck and shoulders, known as the brachial plexus. This condition can have major physical and financial consequences for your family. It is important to work with a Long Island Erb's palsy lawyer to determine the totality of your child's injuries as well as the cost associated with them.
Medical professionals are trained to identify shoulder dystocia risk factors during labor and birth and should be able to prevent these injuries. Sometimes, a doctor or medical professional may cause an Erb's palsy injury because they aren't aware that a birth becomes more complicated and they do not take the necessary steps to get the baby out of the womb, that could lead to pulling too much on nerves.
A doctor could also cause an injury to the nerve of Erb's Palsy since they may not choose to perform a Cesarean section in the event that it is obvious your child is likely to be difficult to deliver vaginally. If you suspect that medical malpractice caused your child's Erb palsy, you should seek out an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will assist in calculating your potential compensation amount and determining the future costs associated with the care of your child. Settlements are the most frequent way to settle cases. They offer a more comprehensive financial compensation and faster than a trial.
What happens during a lawsuit?
Your family may be entitled to compensation if medical negligence caused your child's Erb palsy. This will cover future treatment, therapy as well as other costs that are associated with your child's nerve damage.
An Erb's palsy suit is a medical malpractice claim. The lawyer will go over the birth records of your child to determine if there was negligence by an individual doctor during the delivery. They may also use medical experts to testify regarding the injury your child sustained and the causes.
In many cases, Erb's palsy is caused by a medical professional pulling on the baby too hard to help with the birth. This can result in traction injuries to the brachial plexus. This is a common issue with shoulder dystocia. The baby's shoulders can become stuck in a woman's birth canal, creating excessive downward pressure.
After your lawyer has obtained all the evidence needed and has filed a lawsuit against the defendants. The defendants then have around 30 days to respond. The next step is the discovery phase which is where your lawyer and the legal team of the defendant will gather additional evidence to support their sides of the case. This could include expert reports witness depositions, expert reports, 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 win in a lawsuit, if I win?
Every case is different There is no standard amount for settlement. Our legal team will fight for you a fair settlement. We take into consideration all of your expenses, including 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 treatment. This is why we would like to examine your case for free and see if you are able to file a lawsuit.
Medical negligence is the cause of many birth injuries. This means that a doctor or nurse committed a mistake that negatively affected your child's well-being. These errors can be traced to the improper use of vacuum devices or forceps in the process of delivering babies with an unusual position or size in the womb and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching the infant's shoulders and head during a difficult delivery. Medical professionals are aware of these risks and suggest they be avoided. Contact us today for a free review of your case if you believe that medical negligence caused injury to your child during labor or birth.
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