Erb’s Palsy Lawsuit – How to File an Erb’s Palsy Lawsuit
Doctors can stretch or tear the brachial plexus when they are not careful during delivery. This injury can result from medical malpractice and may cause Erb’s palsy in infants.
Compensation can help families pay for medical bills and treatments. An Erb’s palsy suit could also cover emotional trauma.
What is Erb’s palsy?
In Erb’s palsy the nerve system of the arms and neck (the brachial plexus) is damaged. The arm may become weak or inactive, and the child may be unable to use it. A physical therapist might be able to help improve the condition. In some cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. However, 20 percent of children suffering from Erb’s Palsy do not recover in any way that is measurable.
Medical professionals can cause an erb’s palsy attorneys palsy injury 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 known as shoulder dystocia. it can occur in any delivery, but it’s particularly common when a baby is larger than average or was born to the side of the birth canal.
Doctors should be aware of the risk factors and adhere to specific guidelines when giving birth to prevent such complications. This is called the standard of care, and the failure to follow this standard could result in serious injuries to the mother and baby.
If your child has suffered an injury to the brachial plexus, an Erb’s palsy lawyer can assist you in filing lawsuits for compensation. This money can pay for your child’s treatment and provide him or her with a better quality of life.
How do I file a lawsuit?
Erb’s palsy is a frequent birth injury that is caused by medical negligence. It is a condition that harms the nerves’ network in a baby’s shoulders and neck, called the brachial plexus. This can lead to significant physical and financial costs for your family. It is important to work with an Long Island Erb’s palsy lawyer to determine the full extent of your child’s injuries as well as the expenses associated with them.
Medical professionals are trained to spot the risk factors for shoulder dystocia during labor and delivery and they should be able to prevent these injuries from occurring. A doctor or other medical professional could cause Erb’s palsy in the event that they do not realize the delivery is becoming more complicated and take the wrong steps to remove the baby. This can result in pulling on nerves.
A doctor could also trigger Erb’s psy by failing to perform the Cesarean Section when it is clear that your child is difficult to deliver vaginally. If you believe that your child’s Erb’s palsy was caused by medical malpractice it is recommended that you work with an Long Island Erb’s Palsy Lawyer to file a claim against the responsible parties. Your lawyer will assist you in calculating the compensation amount and will also determine the future costs associated with your child’s medical care. Most cases are settled through settlements, which can provide quicker and more complete financial compensation than taking the case to trial.
What happens if you are sued?
Your family may be entitled to compensation if medical negligence led to your child’s Erb palsy. This will cover future treatment, therapy and other expenses that come along with your child’s nerve damage.
An Erb’s palsy lawsuit is a medical malpractice claim. Your lawyer will review your child’s birth records and determine if a doctor was negligently during the delivery process. They may also use medical experts to provide testimony regarding the injury your child sustained and the underlying causes.
In many instances, Erb’s palsy is caused by medical professionals pulling the baby too hard to assist with the birth. This can result in injuries to the brachial plexus. This is a common problem during shoulder dystocia, where the baby’s shoulders get stuck in the birth canal and can result in excessive downward pressure on a woman’s head neck, shoulders or neck.
After your lawyer has obtained all the evidence needed, they will file an action against the defendants. The defendants have 30 days to respond. The next phase is discovery, in which your lawyer and the legal team of the defendant will collect additional evidence to support their respective arguments. This can include depositions of witnesses, expert reports, and other documents. Your case could be settled out of court or go to trial depending on the outcome of your discovery.
How much can I expect to win in a lawsuit?
There isn’t a standard settlement amount as each case is different. Our legal team will fight to get you an equitable settlement. We will consider all your expenses, such as treatment costs and lost income. We can also prepare you for any tax applicable to your settlement.
Many cases of Erb’s palsy could have been avoided by proper treatment. That is why we want to review your case for no cost and determine if you have grounds to sue.
Many birth injuries are the result of medical negligence. This means the nurse or doctor made an error that negatively impacted your child’s health. These mistakes could include the incorrect use of forceps or vacuum devices, attempting to deliver a baby with an unusual size or position in the womb and shoulder dystocia during delivery. Shoulder dystocia is often caused by excessive pulling or stretching the baby’s neck and shoulders during a difficult delivery. Medical experts are aware of the risks and suggest they be avoided. Contact us today for a free review of your case in the event that you believe medical negligence led to an injury to your child during labor or birth.
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