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

If doctors aren't vigilant they could stretch or tear the brachial plexus delivery. This injury can be the result of medical malpractice and may cause Erb's palsy in infants.

Compensation can help families pay medical bills and treatment. An Erb's palsy suit could also be able to cover emotional trauma.

What is Erb's palsy?

In the case of Erb's paralysis, a nerve network in the neck and arms (the brachial plexus) is damaged. The arm could become weak or inactive and the child may find it difficult to use it. A physical therapist may be able assist in improving the condition. In some cases surgery may be necessary to repair or replace damaged nerve fibers. Unfortunately 20 percent of the Erb's-Pasy children do not recover in any way.

A medical professional can cause an Erb's Palsy injury during a difficult birth when he or she applies excessive force or pulls on the baby's shoulders to help the baby emerge from the birth canal. This is called shoulder dystocia and can happen in any delivery. However, it is more common when the infant is bigger than the average or is born breech.

To prevent complications Doctors must be aware of risk factors and follow certain guidelines when they deliver the baby. This is called the standard of care and failure to adhere to this standard can result in serious injuries for the mother and the child.

If your child has suffered a brachial plexus injury An attorney from Erb's Palsy can assist you in filing lawsuits for compensation. This money can be used to pay for the treatment of your child and allow them to enjoy an improved 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 harms the network of nerves in the neck and shoulders, referred to as the brachial plexus. The condition can cause significant financial and physical burdens for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries.

Medical professionals are trained to spot shoulder dystocia risk factors during labor and birth and should be able to avoid these injuries. Sometimes a doctor or other medical professional could cause an Erb's palsy injury because they do not realize that the delivery process becomes more complicated and they are not taking the proper steps to get the baby out of the womb, which could result in pulling too heavily on the nerve.

A doctor could also cause an injury to the nerve of Erb's Palsy because they do not decide to perform the 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 is the reason for your child's Erb palsy, you should consult a Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your lawyer will assist you to determine the cost for the future of your child's treatment and calculate the possible compensation amount. Most cases are settled via settlements, which offer faster and more complete financial compensation than taking the case to trial.


What happens in a lawsuit?

If your child's Erb's paralysis was the result of negligence in the medical field, your family deserves compensation. This will help pay the cost of future treatment, therapy and other expenses associated with your child's nerve damage.

An Erb's-Palsy lawsuit is a form of medical malpractice claim. Your lawyer will examine the birth records of your child to determine if there was negligence by an individual doctor during the delivery. They may also call in experts from the medical field to provide evidence on the incident and its cause.

In many instances, Erb's palsy is caused by a medical professional pulling the baby too hard to help in the birth. This can cause injury to the brachialplexus. This is a frequent issue during shoulder dystocia, where the baby's shoulders are entangled in the birth canal and can result in excessive downward pressure on the head of a woman's and neck or shoulders.

Once your lawyer has collected the evidence needed and documents, they will file your lawsuit against the defendants. erb's palsy attorneys stockton have around 30 days to respond. The next stage is discovery, where your lawyer and the legal team of the defendant will gather additional evidence to support their respective arguments. This can include depositions of witnesses, expert reports and other documentation. Based on the outcomes of the investigation, your case could be settled out of court or go to trial.

What is the maximum amount I can expect to get in a court case if I win?

Every case is different, so there is no standard amount for settlement. Our legal team will fight for you a fair settlement. We will consider your expenses, including treatment costs as well as any loss of income. We can also prepare your tax return for any taxes that might apply to your settlement.

Many cases of Erb's paralysis could have been prevented with proper treatment. We will examine your case at no cost to determine whether there are grounds to bring a lawsuit.

Many birth injuries are the result of medical negligence, which means that a doctor or nurse made an error that adversely affected the health of your child. These mistakes could include the incorrect use of forceps, or vacuum devices, or attempting to deliver a baby who has an unusual size or position in the womb, and shoulder dystocia in the delivery. Often, the cause of shoulder dystocia can be traced to excessive stretching or pulling of the infant's shoulders or head during a lengthy or difficult delivery. These risks are widely recognized by medical professionals and should be avoided. Contact us for a free analysis of your situation if you believe that medical negligence caused an injury to your child during labor or delivery.

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