Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors aren't vigilant they may stretch or tear the brachial nerve during the birth. This injury can be the 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 provide compensation for 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 could become weak or inactive and the child could find it difficult to use it. A physical therapist can aid in improving the condition. In certain cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately 20 percent of Erb's palsy children are not able to recover in any way.
Erb's Palsy can be caused by a medical professional who pulls or applies excessive force to the shoulders of the infant to help them emerge from the birth canal. This is called shoulder dystocia and can happen at any time during a delivery. However, it's more common in cases where the baby is bigger than average or born to the breech position.
To prevent complications To avoid 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 could result in serious injuries to the mother and child.
If your child has suffered from an injury to the brachial plexus, an Erb's palsy lawyer can help you file an action for financial compensation. This money can be used to pay for your child’s treatment and improve the quality of their life.
How do I file a suit?
Erb's Palsy is one of the most commonly occurring birth injuries caused by medical negligence. It is a condition that harms the nerves' network in the baby's neck and shoulders, referred to as the brachial plexus. This condition can cause significant physical and financial burdens for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the extent of your child's injuries as well as the costs that go along with them.
erb's palsy attorneys lawrence are trained to recognize risk factors of shoulder dystocia during labor and birth, and they are able to prevent these injuries from occurring. A medical doctor or another professional could trigger Erb's - Palsy if they fail to recognize that the delivery is becoming more complicated and they take insufficient measures to remove the baby. This could result in pulling on nerves.
A doctor can also cause Erb's Palsy by not performing the Cesarean Section when it is clear that your child would 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 bring a lawsuit against the responsible parties. Your attorney will help you determine the cost for the future of your child's treatment and calculate your potential compensation amount. Settlements are the most commonly used method of settling cases. They offer more comprehensive financial compensation and quicker than going to trial.
What happens during a lawsuit?
If your child's Erb's palsy was caused by negligence on the part of a medical professional Your family is entitled to compensation. This can help cover the cost of future treatment or therapy as well as other costs related to your child's nerve damage.
A medical malpractice lawsuit for Erb's psy is a kind of Erb's palsy. Your lawyer will review the birth records of your child to determine if a physician acted negligently during the delivery process. They can also engage medical experts to give testimony on the injuries your child sustained and the causes.
In many cases, Erb's Palsy is the result of medical professionals pulling on the baby too hard to help with the birth. This can result in traction injuries in the brachialplexus. This is a frequent issue with shoulder dystocia, in which babies' shoulders are stuck in the birth canal. This could cause excessive downward pressure on a woman's head and neck or shoulders.
After your lawyer has collected all the evidence required to prove their case, they will file an action against the defendants. The defendants will have around 30 days to respond. The next step is discovery, where your lawyer and the legal team of the defendant will collect additional evidence to support their respective sides. This can include depositions of witnesses, expert reports, and other documentation. Your case may settle out-of-court or go to trial based on the outcome of your discovery.
What amount can I expect to get in a lawsuit?
There isn't a standard settlement amount because each case is unique. But, the goal of our legal team is to ensure a settlement that compensates you fairly. We consider all of your expenses, like treatment costs and lost income. We can assist you in preparing any taxes that could apply to your settlement.
Many cases of Erb's palsy could have been avoided by taking proper care. This is why we would like to review your case free to determine if we have a legal basis to sue.
Many birth injuries are caused by medical negligence, which means the doctor or nurse committed an error that negatively impacted the health of your child. These mistakes include the incorrect use of vacuum devices or forceps when trying to deliver the child in an abnormal position or size in the womb, and shoulder dystocia. Most often, the reason for shoulder dystocia is due excessive pulling or stretching of the infant's shoulders and head during a prolonged or difficult delivery. These risks are widely recognized 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 free case evaluation.