Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear brachial plexus if they are not careful during the birth. This type of injury is usually caused by medical malpractice, and can lead to Erb's Palsy in newborns.
Compensation can assist families with medical bills and treatments. A lawsuit for Erb's palsy may also cover emotional trauma.
What is Erb’s palsy?
In Erb's syndrome, the brachial plexus (a network of nerves that runs through the neck and arms) is damaged. The arm may become weak or inactive and the child may have difficulty using it. A physical therapist can help to improve the condition. In some cases it is possible to undergo surgery to help to repair or replace the affected nerve fibers. However, 20 percent of children with Erb's Palsy do not recover in any way that is measurable.
A medical professional could cause an injury to the Erb's palsy during a difficult delivery when he or she applies excessive force or pulls on the infant's shoulders to assist him or her emerge from the birth canal. This is referred to as shoulder dystocia. it can happen in any birth however it is more common when a child is larger than average or has been born breech.
Doctors must be aware the risk factors and adhere to specific protocols when delivering babies to avoid such complications. This is known as the standard of care, and the non-observance of this standard can result in serious injuries for the mother and child.
If your child has suffered from a brachial plexus injury An Erb's palsy lawyer can help you file an action to recover financial compensation. This money can help pay for the treatment of your child and give him or her an improved quality of life.
How do I file suit?
Erb's Palsy is among the most common birth injuries caused by medical negligence. The condition causes damage to the network called brachial plexus of nerves that are located in the baby's neck and shoulders. The condition can cause significant financial and physical expenses for your family. You should speak with an Long Island Erb’s palsy attorney to determine the totality and costs of your child's injuries.
Medical experts are trained to recognize shoulder dystocia risk factors during labor and birth and should be able to prevent these injuries. Sometimes a doctor or other medical professional could cause an injury to the Erb's palsy because they do not realize that the process of delivery becomes more complicated and they make unnecessary steps to pull the baby out of the womb which can result in pulling too much on a nerve.
A doctor can also cause an injury to the nerve of Erb's Palsy due to the fact that they fail to perform a Cesarean section when it is clear that your child will be unable to deliver vaginally. If you believe that medical malpractice is the reason for your child's Erb palsy, seek out a Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your lawyer will assist you to determine the future cost of your child's treatment as well as calculate your possible compensation amount. The majority of cases are settled through settlements that provide faster and more comprehensive financial compensation than going to trial.
What happens if you are sued?
If your child's Erb's palsy was the result of negligence on the part of a medical professional, your family deserves compensation. This can be used to pay for future treatment, therapy and other costs associated with the nerve damage your child suffered.
erb's palsy attorneys lynchburg is a form of medical malpractice claim. Your lawyer will review the birth records of your child and determine if a doctor acted in a negligent manner during the delivery process. They can also rely on medical experts to give testimony regarding the injury your child sustained and the causes.
In many cases, Erb's Palsy is the result of a medical professional pulling the baby too hard to assist with the birth. This can result in traction injuries to the brachial plexus. This is a common problem during shoulder dystocia, where babies' shoulders are stuck in the birth canal and could cause excessive downward pressure on the head of a woman's, neck or shoulders.
Once your lawyer has collected the necessary evidence after which they file your lawsuit against the defendants. The defendants have 30 days to respond. The next stage is discovery, where your lawyer and the legal team of the defendant will collect additional evidence in support of their respective positions. This could include expert opinions witness depositions, expert reports, and other documentation. Based on the outcome of the discovery, your case is likely to settle out of court or go to trial.
What amount can I expect to win in a lawsuit?
Every case is unique, so there is no standard amount for settlement. Our legal team will fight to secure you an equitable settlement. We consider your expenses, which include treatment costs and any loss of income. We can also help prepare you for any tax that could be a part of your settlement.
If properly treated, a number of cases of Erb’s palsy would have been prevented. We will review your case free of charge to determine if there's grounds for a lawsuit.
Many birth injuries result from medical negligence, which means the doctor or nurse committed 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 who has an abnormal size or position in the womb and shoulder dystocia during delivery. Often, the cause of shoulder dystocia is caused by excessive pulling or stretching of the infant's shoulders or head during a difficult or prolonged delivery. These risks are widely recognized by medical professionals and should be avoided. Contact us for a free review of your case if you believe that medical negligence has caused injury to your child during labor and birth.