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Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
When doctors aren't careful they may stretch or tear the brachial plexus during the birth. This type of injury is usually result of medical malpractice and can cause Erb's Palsy in newborns.
Compensation can help families pay for medical bills and treatments. An Erb's palsy lawsuit may also cover emotional trauma.
What is Erb’s palsy?
In Erb's syndrome, the brachial plexus (a network of nerves located in the neck and arms) is damaged. In the result, the arm might be weak or inactive and the child may be unable to use it. A physical therapist might be able help to improve the condition. In some cases the need for surgery is to repair or replace damaged nerve fibers. However 20% of children with Erb's Palsy do not recover to a certain degree.
A medical professional can cause an injury to the Erb's palsy during a difficult birth when he or her uses excessive force or pulls on the infant's shoulders to help the infant emerge from the birth canal. This is called shoulder dystocia and can happen in any delivery. However, it's more common when the baby is bigger than average or born with a breech birth.
Doctors must be aware the risk factors and follow specific protocols when they deliver babies to prevent such complications. This is called the standard of care, and failure to adhere to this standard can lead to serious injuries for the mother and child.
A lawyer for Erb's 'Palsy' can help you file an action to get monetary compensation if your child has suffered a brachial-plexus injury. This money can be used to pay for your child’s treatment and to improve the quality of his or her life.
How do I file suit?
Erb's Palsy is among the most common birth injuries that result from medical malpractice. The condition causes damage to the brachial plexus, a network of nerves situated in the baby's neck and shoulders. This condition can result in substantial financial and physical costs for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the 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. A doctor or medical professional could cause Erb's palsy when they aren't aware that the delivery is getting complicated and take unnecessary measures to help the baby get out. This could result in pulling on nerves.
A doctor could also cause an Erb's palsy nerve injury 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 believe your child's condition was caused by medical malpractice You should consult an Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. Your lawyer will assist you in calculating the potential compensation amount and determining the future costs associated with your child's treatment. Settlements are the most common way to settle cases. They offer a greater financial settlement and are faster than a trial.
What happens in a lawsuit?
Your family may be entitled to compensation if medical negligence caused your child's Erb palsy. This will cover future treatment, therapy, and other expenses associated with your child's nerve injury.
A medical malpractice lawsuit for Erb's Palsy is a type of Erb's Palsy. Your lawyer will go through 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 provide testimony regarding the injury your child sustained and its causes.
Erb's Palsy can be caused by a medical worker pulling too hard on the baby to help in the birth. This can lead to traction injuries in the brachialplexus. This is a typical problem when it comes to shoulder dystocia. babies' shoulders are stuck in the birth canal. This can result in excessive downward pressure on the head of a woman's and neck or shoulders.
After your lawyer has obtained all the evidence needed and has filed a lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase, which is when your lawyer and the legal team of the defendant will gather additional evidence to support their sides of the case. This may include depositions of witnesses, 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 money can I expect to win in a court case if I win?
There is no average settlement amount, since each case is unique. But, erb's palsy attorney trenton of our legal team is to fight for an amount that compensates you in a fair manner. We take into account your expenses, which include treatment costs as well as any loss of income. We also assist in preparing your tax return for any taxes that could be a part of your settlement.
If properly treated, a number of cases of Erb's palsy could be avoided. We will review your case for free to see if there are grounds for a suit.
Medical negligence is responsible for many birth injuries. This means that a doctor or nurse committed a mistake that negatively affected your child's health. These errors could be due to the improper use of forceps and vacuum devices, attempting 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 can be traced to excessive pulling or stretching of the infant's shoulders or head during a difficult or prolonged delivery. Medical experts are aware of the risks and recommend they be avoided. If your child has suffered an injury due to medical negligence during labor and birth, contact us for a free case evaluation.
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