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Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors aren't cautious they can stretch or tear the brachial muscle during the birth. This injury could be the result of medical negligence and may lead to Erb's palsy in infants.
Compensation can help families pay medical bills and treatments. A lawsuit involving Erb's palsy could also provide compensation for emotional trauma.
What is Erb’s palsy?
In the case of Erb's palsy, a nerve network in the neck and arms (the brachial plexus) is damaged. The result is that the arm might be weak or inactive and the child may be unable to use it. A physical therapist can aid in improving the condition. In certain cases, surgery can be performed to repair or replace the affected nerve fibers. Unfortunately 20 percent of Erb's Palsy children do not recover in any way.
Medical professionals can cause an injury to the Erb's palsy during a difficult delivery in the event that he or she employs excessive force or pulls on the baby's shoulders to assist them emerge from the birth canal. This is known as shoulder dystocia. It can happen in any birth. However, it's more common in cases where the baby is larger than the average or is born with a breech birth.
To prevent complications Doctors must be aware of risk factors and follow certain protocols when giving birth to babies. This is called the standard of care. Infractions to this standard can result in severe injuries to both mother and child.
A lawyer for Erb's Palsy can help you file an action to obtain an amount of money when your child has suffered an injury to the brachial plexus. This money can help pay for the treatment of your child and help them enjoy the best quality of life.
How do I start a lawsuit?
Erb's psoriasis is among the most commonly occurring birth injuries that result from medical negligence. This condition affects the brachial plexus network of nerves that are located in the neck of the baby and shoulders. The condition can cause significant financial and physical burdens for your family. It is essential to work 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.
Medical professionals are trained to identify shoulder dystocia risks during labor and birth and should be able prevent these injuries. Sometimes a doctor or other medical professional may cause an injury to the Erb's palsy because they do not realize that the delivery process is becoming complicated and take unnecessary steps to get the baby out of the womb, which can result in pulling too hard on the nerve.
A doctor may also cause an injury to the nerve of Erb's Palsy because they do not decide to perform an Cesarean section when it is evident that your child is likely to be difficult to deliver vaginally. If you suspect that medical malpractice was the cause of your child's Erb palsy, consult a Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your attorney will help determine the costs that will be incurred by your child's treatment and calculate the possible compensation amount. Most cases are settled via settlements, which offer faster and more complete financial compensation than going to trial.
What happens in a lawsuit?
If your child's Erb's palsy was caused by medical negligence Your family is entitled to compensation. This can be used to pay for future treatment, therapy as well as other costs that are associated with your child's nerve injury.
An Erb's palsy lawsuit is a type of medical malpractice claim. Your lawyer will look over the birth records of your child to determine whether there was negligence by the doctor during the birth. erb's palsy law firm clifton may also ask experts from the medical field to testify on the injuries and their causes.
Erb's palsy is often caused by a medical professional pulling too hard on the baby to help during the birth. This can cause injuries to the brachialplexus. This is a common issue during shoulder dystocia. The shoulders of the newborn can get stuck in a birth canal, causing excessive downward pressure.
Once your lawyer has gathered the evidence they require and documents, they will file your lawsuit against the defendants. The defendants then have 30 days to respond. The next step is the discovery phase in which your lawyer as well as the legal team of the defendant collect additional evidence to support their side of the story. This could include depositions or 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 anticipate to win 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 fight for an amount that compensates you in a fair manner. We take into consideration all your expenses including treatment costs, and lost income. We can also help prepare you for any taxes which could apply to your settlement.
Many cases of Erb's paralysis could have been prevented with proper care. That is why we want to review your case free and determine if you have grounds to sue.
Medical negligence is the cause of numerous birth injuries. This means that a doctor or a nurse committed a mistake that negatively affected your child's well-being. These mistakes include the incorrect use of forceps or vacuum devices when trying to deliver a child with an abnormal shape or position in the womb and shoulder dystocia. Most of the time, the cause for shoulder dystocia is caused by excessive pulling or stretching of the baby's shoulders and head during a difficult or prolonged delivery. These risks are recognized by medical experts and should be avoided. If your child suffered an injury as a result of medical negligence during labor and delivery, contact us to get a no-cost case evaluation.
