Erb's Palsy Lawsuit - How to File an
Erb's Palsy Lawsuit
If doctors don't take care they may stretch or tear the brachial muscle during delivery. This injury can be the result of medical negligence and may lead to Erb's palsy in newborns.
Compensation can aid families in paying medical bills and for treatment. An Erb's palsy lawsuit may also cover emotional trauma.
What is Erb's palsy?
In Erb's palsy there is a nerve system in the arms and neck (the brachial plexus) is damaged. The arm could become weak or inactive and the child may be unable to use it. A physical therapist might be able help to improve the condition. In certain cases surgical procedures can be done to help restore or replace damaged nerve fibers. Unfortunately, 20 percent of Erb's Palsy children don't recover in any way.
A medical professional could cause an
erb's palsy law firm palsy injury during a difficult birth in the event that he or she employs excessive force or pulls on the baby's shoulders to help the baby emerge from the birth canal. This is known as shoulder dystocia and it can occur in any birth however it's more frequent when a baby is larger than average or has been born in a breech position.
To prevent complications, doctors must be aware of risk factors and adhere to certain protocols when delivering a baby. This is called the standard of care and a failure to adhere to this standard could lead to serious injuries for the mother and baby.
If your child has suffered from an injury to the brachial nerve, an Erb's palsy lawyer can help you file lawsuits for compensation. This money can be used to pay for the treatment of your child and allow them to enjoy an improved quality of life.
How do I file suit?
Erb's palsy is a frequent birth injury caused by medical negligence. It is a condition that harms the nerves' network in the neck and shoulders, which is known as the brachial plexus. This condition can cause significant physical and financial burdens for your family. It is crucial to work with an Long Island
Erb's palsy lawyer to determine the complete extent of your child's injuries as well as the costs associated with them.
Medical professionals are trained to identify shoulder dystocia risk factors during labor and birth and should be able prevent these injuries. Sometimes a doctor or other medical professional could cause an Erb's palsy injury because they don't know 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 heavily on the nerve.
A doctor could also cause an Erb's palsy nerve injury because they do not decide to perform the Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you believe that your child's Erb's palsy was caused by medical malpractice, you should work with an Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. Your lawyer will assist you in calculating the potential compensation amount and also determining the future costs associated with the care of your child. Settlements are the most frequent way to settle cases. They offer more comprehensive financial compensation and faster than going to trial.
What happens in a lawsuit?
If your child's Erb's palsy was caused by negligence in the medical field or negligence, your family should be compensated. This compensation could cover future treatment, therapy and other costs associated with the nerve damage of your child.
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 in a negligent way during the delivery process. They could also employ medical experts to give testimony regarding the injury your child sustained and the reasons for it.
In many cases, Erb's palsy is the result of a medical professional pulling the baby too hard to help with the birth. This can result in injuries to the brachialplexus. This is a typical problem with shoulder dystocia. The shoulders of the baby can become stuck in the birth canal of a woman, causing excessive downward pressure.
Once your lawyer has collected the necessary evidence after which they file your lawsuit against the defendants. The defendants then have 30 days to respond. The next stage is discovery, during which your lawyer and the legal team of the defendant will gather additional evidence to support their respective positions. This could include expert reports witness depositions, expert reports, and other evidence. Depending on the outcome of the discovery your case could settle out of court, or go to trial.
What is the maximum amount I can expect to get in a lawsuit should I win?
Every case is different There is no standard amount for settlement. However, the aim of our legal team is to ensure a settlement that compensates you fairly. We will consider your expenses, including treatment costs and any loss of income. We can also help prepare you for any taxes that could be a part of your settlement.
If properly treated, a number of cases of Erb's palsy could have been avoided. We will review your case for free to see if there are grounds for a suit.
Many birth injuries are the result of medical negligence, which means the doctor or nurse committed an error that negatively affected the health of your child. These errors can include improper use of forceps, or vacuum devices, attempting to deliver a baby with an abnormal size or position in the womb, and shoulder dystocia when delivering. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's neck and shoulders during an uneasy delivery. Medical experts are aware of these dangers and should be avoided. If your child sustained an injury as a result of medical negligence during labor and delivery, contact us to get an evaluation of your case for free.