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

Doctors can stretch or tear the brachial muscles if they're not attentive during the delivery. This injury could result from medical malpractice and can cause Erb's palsy in infants.

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

What is Erb's palsy?

In the case of Erb's palsy there is a nerve system in the arms and neck (the brachial plexus) is damaged. This means that the arm might be weak or inactive, and the child may be unable to use it. A physical therapist might be able to help improve the condition. In certain cases surgery may be required to help restore or replace damaged nerve fibers. Unfortunately 20 percent of the Erb's-Pasy children do not recover in any way.

A medical professional could cause an Erb's palsy injury during a difficult birth when he or her uses excessive force or pulls on the baby's shoulders to assist the infant emerge from the birth canal. This is known as shoulder dystocia and it can happen in any birth, but it's particularly common when a baby is larger than average or has been born breech.

Doctors need to be aware of the risk factors and adhere to specific guidelines when giving birth to avoid these complications. This is known as the standard of care, and the failure to follow this standard can result in serious injuries to the mother and the child.

A lawyer from Erb's Palsy can help you file an action for financial compensation in the event that your child has suffered an injury to their brachial plexus. This money can be used to pay for your child's treatment and improve the quality of his or her life.

How do I file a suit?

Erb's palsy is a common birth injury caused by medical negligence. This condition can damage the brachial plexus, a network of nerves that are located in the neck of the baby and shoulders. This condition can cause major physical and financial consequences for your family. It is crucial to work with a Long Island Erb's palsy lawyer to determine the totality of your child's injuries and the cost associated with them.

Medical professionals are trained to spot shoulder dystocia risk factors during labor and birth, and they should be able to prevent these injuries from happening. Sometimes a doctor or other medical professional could cause an injury called Erb's Palsy due to the fact that they do not realize that a birth is becoming complicated and do not take the necessary steps to get the baby out of the womb, that could lead to pulling too heavily on the nerve.

A doctor may also cause Erb's palsy by not performing a Cesarean Section when it is clear that your child would be difficult to deliver vaginally. If you believe that medical negligence caused your child's Erb palsy, it is recommended that you consult an Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your lawyer will assist you in calculating your potential compensation amount and also determining the future costs of your child's medical care. Settlements are the most common method of settling cases. They provide a more comprehensive financial compensation and faster than going to trial.

What happens in a lawsuit?

Your family members are entitled to compensation if medical negligence led to your child's Erb palsy. This compensation could cover future therapy, treatment and other costs associated with the nerve damage of your child.

An Erb's palsy suit is a kind of medical malpractice claim. Your lawyer will examine the birth records of your child to determine if a doctor acted negligently during the birth process. They may also ask experts from the medical field to provide evidence on the cause of the injury and how it occurred.

In many cases, Erb's paralysis is the result of medical professionals pulling the baby too hard to help in the birth. This can result in traction injuries to the brachial plexus. This is a frequent issue with shoulder dystocia. The baby's shoulders may become stuck in a woman's birth canal, causing excessive downward pressure.

After your lawyer has gathered all the evidence necessary, they will file an action against the defendants. The defendants will have 30 days to respond. The next step is the discovery process, where both your lawyer and the legal team of the defendant will gather additional evidence to prove their side of the story. This could include expert opinions as well as depositions of witnesses and other evidence. Depending on the outcome of the discovery your case will likely end up in court, or go to trial.

How much money can I expect to receive in a lawsuit should I win?


Every case is unique and therefore there is no standard settlement amount. But, the goal of our legal team is to secure an amount which compensates you fairly. We take into consideration all of your expenses including treatment costs, and lost income. We can also prepare your tax return for any taxes applicable to your settlement.

If properly treated, erb's palsy law firm brownsville of cases of Erb’s palsy would have been prevented. This is the reason we want to review your case for free and see if you are able to file a lawsuit.

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 may include the improper use of forceps or vacuum devices in the attempt to deliver a child with an abnormal size or position in the womb and shoulder dystocia. Most often, the reason for shoulder dystocia is caused by excessive stretching or pulling of the infant's shoulders or head during a lengthy or difficult delivery. These risks are well-known by medical experts and should be avoided. If your child has suffered an injury due to medical negligence during labor or delivery, contact us for a no-cost case evaluation.

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