Erb s Palsy Law Isn t As Tough As You Think

Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit

If doctors aren't cautious they could stretch or tear the brachial nerve during the birth. This injury is often caused by medical malpractice, and can result in Erb's Palsy in newborns.

Compensation can aid families in paying medical bills and for treatment. An Erb's palsy suit could also provide compensation for emotional trauma.

What is Erb's palsy?

In the case of Erb's palsy the nerve network of the neck and arms (the brachial plexus) is damaged. This means that the arm may be weak or inactive and the child may be unable to use it. A physical therapist might be able to help improve the condition. In certain instances it is possible to undergo surgery to to repair or replace the affected nerve fibers. Unfortunately 20% 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 delivery if he or she uses excessive force or pulls on the infant's shoulders to assist them emerge from the birth canal. This is called shoulder dystocia and can happen in any birth. However, it's more common when the infant is bigger than the average or is born to the breech position.

To avoid complications, doctors must be aware of risk factors and adhere to certain protocols when delivering the baby. This is called the standard of care, and a failure to adhere to this standard could result in serious injuries to the mother and baby.

If your child has suffered an injury to the brachial plexus, an Erb's palsy lawyer can help you file lawsuits for compensation. This money can be used to pay for your child’s treatment and to improve the quality of life.

How do I start a lawsuit?

Erb's syndrome is a common type of birth injury caused by medical negligence. The condition causes damage to the brachial system of nerves in the baby's neck and shoulders. The condition can cause significant physical and financial costs for your family. It is essential to work with an Long Island Erb's palsy lawyer to determine the complete extent of your child's injuries and the costs that go along with them.

Medical professionals are trained to recognize shoulder dystocia risks during labor and birth and should be able prevent these injuries. Sometimes, a doctor or medical professional may cause an Erb's palsy injury because they aren't aware that a delivery is getting more complicated and take unnecessary steps to get the baby out of the womb that could lead to pulling too much on a nerve.

A doctor could also trigger Erb's Palsy if they do not perform a Cesarean Section when it is obvious that your child is difficult to deliver vaginally. If you believe that your child's Erb's palsy was caused by medical malpractice it is recommended that you work with an Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. Your attorney will assist in calculating the possible compensation amount and will also determine the future costs associated with the care of your child. Most cases are settled through settlements, which can provide quicker and more comprehensive financial compensation than taking the case to trial.

What happens in a lawsuit?

If your child's Erb's paralysis was caused by negligence in the medical field, your family deserves compensation. This can be used to pay for 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 examine the birth records of your child to determine if a doctor acted in a negligent way during the delivery process. They may also call in experts from the medical field to testify on the incident and its cause.

Erb's Palsy can be caused by a medical professional pulling too hard on the infant to assist during the birth. This can lead to injuries to the brachial plexus. This is a common problem during shoulder dystocia, where the baby's shoulders are entangled in the birth canal. This could cause excessive downward pressure on the head of a woman's neck, shoulders or neck.

After your lawyer has gathered the evidence required after which they file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase where both your lawyer and the legal team of the defendant gather additional evidence to prove their sides of the case. This can include depositions of witnesses, Erb's palsy lawyer expert reports and other documentation. Depending on the outcome of the discovery, your case may end up in court, or go to trial.

What is the maximum amount I can expect to get in a lawsuit if I win?

There is no average settlement amount because each case is different. Our legal team will fight to get you an acceptable settlement. We consider all your expenses, like treatment costs and lost income. We can also prepare you for any taxes that might apply to your settlement.

If properly treated, a number of cases of Erb's palsy could be prevented. This is why we would like to review your case for free and see if you have grounds for a lawsuit.

Medical negligence is the cause of many birth injuries. This means that a doctor or nurse made a mistake that adversely affected your child's wellbeing. These errors may include the improper use of forceps or vacuum devices in the attempt to deliver babies with an unusual position or size in the womb, and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's neck and shoulders during the delivery process. These risks are recognized by medical professionals and should be avoided. If your child suffered an injury as a result of medical negligence during labor or delivery, contact us to get an assessment of your case at no cost.