Erb’s Palsy Law Firms Palsy Lawsuit – How to File an Erb’s Palsy Lawsuit
Doctors can stretch or tear the brachial plexus if they are not cautious during birth. 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 also for treatment. A lawsuit involving Erb’s palsy could also cover emotional trauma.
What is Erb’s palsy?
In Erb’s syndrome there is a nerve system in the neck and arms (the brachial plexus) is damaged. The arm can become weak or inactive and the child may struggle to use it. A physical therapist may be able to help improve the condition. In certain cases surgical procedures can be done to to repair or replace the affected nerve fibers. Unfortunately 20 percent of children suffering from Erb’s palsy do not recover to a significant degree.
A medical professional can cause an Erb’s palsy injury during a difficult birth in the event that he or she employs excessive force or pulls on the baby’s shoulders to assist the infant emerge from the birth canal. This is known as shoulder dystocia. It can occur in any birth. However, it’s more common in cases where the baby is larger than the average or is born breech.
Doctors should be aware of the risk factors and follow specific protocols when giving birth to avoid complications. This is called the standard of care. Infractions to this standard could result in serious injuries to mother and child.
If your child has suffered an injury to the brachial area An Erb’s palsy lawyer can help you file lawsuits for compensation. This money can help pay for the treatment of your child and provide him or her with better quality of life.
How do I file a suit?
Erb’s Palsy is a common type of birth injury caused by medical negligence. This condition affects the network called brachial plexus of nerves in the neck of the baby and shoulders. The condition can cause significant financial and physical expenses for your family. It is essential to work with a Long Island Erb’s palsy lawyer to determine the complete extent of your child’s injuries and the cost associated with them.
Medical professionals are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able to avoid these injuries. A doctor or other medical professional could trigger Erb’s – Palsy in the event that they do not realize the delivery process is getting more complicated and take unnecessary measures to help the baby get out. 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 will be difficult to deliver vaginally. If you believe that medical malpractice caused your child’s Erb palsy, you must seek out an Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your attorney will help determine the cost for the future of your child’s treatment as well as calculate your potential compensation amount. Most cases are settled via settlements, which can provide quicker and more comprehensive financial compensation than going to trial.
What happens if you are sued?
Your family can claim compensation if medical negligence led to your child’s Erb palsy. This compensation could cover future treatment, therapy as well as other costs that are associated with the nerve damage of your child.
An Erb’s palsy lawsuit is a kind of medical malpractice claim. Your lawyer will look over the birth records of your child to determine whether there was negligence on the part of an individual doctor during the delivery. They can also bring in medical experts to testify about the cause of the injury and how it occurred.
Erb’s Palsy may be caused by a healthcare professional pulling too hard on the baby in order to assist with birth. This can result in traction injuries in the brachialplexus. This is a typical problem during shoulder dystocia, where babies’ shoulders are stuck in the birth canal and can cause excessive downward pressure on the head of a woman’s and neck or shoulders.
Once your lawyer has collected the evidence required and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants then have around 30 days to respond. The next phase is discovery, where your lawyer and the legal team of the defendant will collect additional evidence to support their respective sides. This could 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.
How much can I expect to get in a lawsuit?
Every case is different There is no standard amount for settlement. The goal of our legal team is to secure an amount which compensates you fairly. We consider your expenses, including treatment costs as well as any loss of income. We can also prepare your taxes that might apply to your settlement.
With proper care, many cases of Erb’s palsy could be prevented. We will review your case at no cost to determine if there are grounds to file a suit.
Many birth injuries are the result of medical negligence, which means the nurse or doctor made an error that adversely affected the health of your child. These errors can be traced to the improper use of vacuum devices or forceps when trying to deliver a child with an abnormal size or position in the womb and shoulder dystocia. Most often, the reason for shoulder dystocia can be traced to excessive pulling or stretching of the infant’s shoulders and head during a difficult or prolonged delivery. These risks are well known by medical experts and should be avoided. Contact us today for a free review of your case if you believe that medical negligence led to an injury to your child during labor or birth.
