Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors aren't cautious they may stretch or tear the brachial nerve during delivery. This injury is often caused by medical negligence, and can lead to Erb's Palsy in newborns.
Compensation can help families pay medical bills and treatment. A lawsuit for Erb's palsy may also cover emotional trauma.
What is Erb's palsy?
In the case of Erb's paralysis the nerve system of the neck and arms (the brachial plexus) is damaged. The arm may become weak or inactive and the child may have difficulty using it. A physical therapist may help improve the condition. In certain cases, surgery may be required to repair or replace damaged nerve fibers. Unfortunately 20% of children with Erb's Palsy do not recover in any way that is measurable.
A medical professional may cause an Erb's palsy injury during a difficult delivery 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 happen in any birth however it's more frequent when a child is larger than average or was born to the side of the birth canal.
Doctors must be aware the risk factors and adhere to specific guidelines when giving birth to avoid such complications. This is called the standard of care. Failure to follow this standard could lead to serious injuries to mother and child.
A lawyer from Erb's Palsy can assist you in filing an action to get the amount of money you owe in the event that your child has suffered an injury to the brachial-plexus. This money can help pay for the treatment of your child and provide him or her with a better quality of life.
How do I file suit?
Erb's Palsy is one of the most common birth injuries that result from medical negligence. It is a condition that harms the network of nerves that connect the neck and shoulders, known as the brachial plexus. This condition can have significant physical and financial burdens for your family. You should speak with an Long Island Erb’s palsy attorney to determine the extent and cost of your child's injuries.
Medical professionals are trained to recognize the risk factors for shoulder dystocia during labor and birth, and they should be able prevent these injuries from occurring. Sometimes, a doctor or another medical professional may cause an Erb's palsy injury because they don't know that the process of delivery is becoming more complicated, and take unnecessary steps to get the baby out of the womb, that could lead to pulling too far on a nerve.
A doctor can also cause an Erb's palsy nerve injury due to the fact that they fail to perform an Cesarean section in the event that it is obvious your child will be unable to deliver vaginally. If you believe that medical malpractice is the reason for your child's Erb palsy, it is recommended that you contact a Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your attorney will help determine the cost of your child's treatment as well as calculate your potential compensation amount. Settlements are the most frequent method of settling cases. They provide a more comprehensive financial compensation and quicker than a trial.
What happens in a lawsuit?
If your child's Erb's Palsy was caused by negligence in the medical field Your family is entitled to compensation. 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 medical malpractice claim. Your lawyer will review the birth records of your child to determine if a physician acted in a negligent way during the delivery process. They can also engage medical experts to provide testimony regarding the injury your child sustained and the reasons for it.
Erb's Palsy may be caused by a healthcare professional pulling too hard on the baby to help during the birth. This can result in injury to the brachialplexus. This is a common problem when it comes to shoulder dystocia. the baby's shoulders get stuck in the birth canal and can lead to excessive downward pressure on the head of a woman's neck, shoulders or neck.
Once 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 process, where both your lawyer and the legal team representing the defendant will gather additional evidence to back their respective sides of the argument. This can include depositions of witnesses, expert reports and other documentation. Your case could be settled out of court or go to trial depending on the outcome of your discovery.
How much should I expect to receive in a lawsuit?
Every case is unique, so there is no standard amount for settlement. Our legal team will fight for you an appropriate settlement. We will consider all of your expenses, including treatment costs, and lost income. Additionally, we will assist you in preparing for any taxes that may be applicable to your settlement.
If you had taken care of yourself, a lot of cases of Erb's syndrome could have been prevented. That is why we want to examine your case for free to determine if we are able to file a lawsuit.
Medical negligence is responsible for many birth injuries. erb's palsy law firm ann arbor means that a doctor or nurse committed a mistake that negatively affected your child's well-being. These mistakes can be caused by the improper use of forceps, or vacuum devices, or attempting to deliver a baby who has an unusual size or position in the womb and shoulder dystocia when delivering. Often, the cause of shoulder dystocia can be traced to excessive stretching or pulling of the infant's head and shoulders during a long or difficult delivery. These risks are widely recognized by medical professionals and should be avoided. If your child has suffered an injury as a result of medical negligence during labor and birth, please contact us for an evaluation of your case for free.