Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
When doctors aren't careful they could stretch or tear the brachial muscle during the birth. This injury could be the result of medical malpractice, and can lead to Erb's palsy in newborns.
Compensation can help families pay for medical bills and treatments. A lawsuit involving Erb's palsy could also help with emotional trauma.
What is Erb's palsy?
In the case of Erb's paralysis, a nerve network in the arms and neck (the brachial plexus) is damaged. The result is that the arm may be weak or inactive, and the child may be unable to use it. A physical therapist may be able to assist in improving the condition. In some cases it is possible to undergo surgery to heal or replace the damaged nerve fibers. Unfortunately, 20 percent of Erb's Palsy children don't recover in any way.
Medical professionals can cause an injury to the Erb's palsy during a difficult birth in the event that he or she employs excessive force or pulls on the baby's shoulders to assist the baby emerge from the birth canal. This is called shoulder dystocia and can happen in any birth. However, it's more common in cases where the baby is bigger than the average or is born breech.
Doctors should be aware of the risk factors and follow specific protocols when they deliver babies to avoid these complications. This is known as the standard of care. Infractions to this standard may result in serious injuries to mother and child.
If your child has suffered a brachial plexus injury, an Erb's palsy lawyer can help you file an action to recover financial compensation. This money can be used to pay for the treatment of your child and give him or her the best quality of life.
How do I make a claim?
Erb's Palsy is one of the most commonly occurring birth injuries caused by medical malpractice. This condition damages the brachial plexus, a network of nerves in the baby's neck and shoulders. This can lead to significant physical and financial costs for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the full extent and costs of your child's injuries.
Medical professionals are trained to recognize the risk factors for shoulder dystocia during labor and birth, and they must be able to stop these injuries from occurring. A physician or other medical professional could cause Erb's palsy when they aren't aware that the delivery is becoming complicated and take unnecessary measures to remove the baby. This can result in pulling on nerves.
A doctor may also cause an injury to the nerve of Erb's Palsy because they don't decide to perform an Cesarean section in the event that it is obvious your child will be difficult to deliver vaginally. If you believe that medical malpractice is the reason for your child's Erb palsy, you must consult a Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your lawyer will help you determine the cost of your child's treatment and calculate your potential compensation amount. Settlements are the most popular method of settling cases. They offer a more complete financial compensation, and quicker than going to trial.
What happens in a lawsuit?
Your family members are entitled to compensation if medical negligence caused your child's Erb palsy. This can be used to pay for future treatment, therapy and other costs associated with the nerve damage your child suffered.
An Erb's palsy lawsuit is a type of medical malpractice claim. The lawyer will go over the birth records of your child to determine whether there was negligence by the doctor who delivered your child. They can also engage medical experts to provide testimony on your child's injury and its causes.
In many cases, Erb's Palsy is caused by medical professionals pulling the baby too hard to assist with the birth. This can lead to trauma to the brachial plexus. This is a frequent issue during shoulder dystocia. The baby's shoulders may become trapped in a birth canal of a woman, causing excessive downward pressure.
Once your lawyer has collected the evidence required and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants 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. erb's palsy law firm irvine could include expert reports or depositions of witnesses, as well as other documentation. Your case may settle out-of-court or go to trial depending on the outcome of your discovery.
What is the maximum amount I can expect to get in a lawsuit, if I win?
Every case is different Therefore, there isn't a standard amount for settlement. The goal of our legal team is to ensure a settlement that is fair to you. We take into account your expenses, which include treatment costs and any loss of income. We can also help prepare you for any tax which could apply to your settlement.
Many cases of Erb's paralysis could have been prevented with proper treatment. We will look into your case for free to determine if there's grounds to file a suit.
Many birth injuries are caused by medical negligence, which means a doctor or nurse made an error that negatively impacted the health of your child. These errors can be traced to the improper use of vacuum devices or forceps in the attempt to deliver the child in an unusual position or size in the womb and shoulder dystocia. Often, the cause of shoulder dystocia is caused by excessive pulling or stretching of the infant's head and shoulders during a prolonged or difficult delivery. These risks are well-known by medical experts and should be avoided. If your child has suffered an injury due to medical negligence during labor or delivery, contact us to get a free case evaluation.