Check Out: How Erb's Palsy Law Is Taking Over The World And What You Can Do About It
Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear brachial muscles if they're not careful during the birth. This injury is often caused by medical malpractice, and can result in Erb's palsy in newborns.
Compensation can help families pay for medical bills and treatment. An Erb's Palsy lawsuit could also cover emotional trauma.
What is Erb’s palsy?
In Erb's Palsy, the brachial plexus (a network of nerves located in the neck and arms) is damaged. The arm can become weak or inactive and the child may struggle to use it.
erb's palsy attorney orem might be able assist in improving the condition. In some cases surgery may be necessary to repair or replace damaged nerve fibers. Unfortunately, 20% of children with Erb's palsy don't recover to a certain degree.
Erb's Palsy is often caused by medical professionals who pull or uses excessive force on the shoulders of the baby in order to help them emerge from the birth canal. This is known as shoulder dystocia. it can happen during any delivery but is most common when a baby is larger than average or born with a breech birth.
Doctors should be aware of the risk factors and adhere to specific guidelines when giving birth to avoid complications. This is known as 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 nerve, an Erb's palsy lawyer can help you file an action to recover financial compensation. This money can be used to pay for your child’s treatment and to improve the quality of life.
How do I do I file a lawsuit?
Erb's palsy is a very common birth injury that is caused by medical negligence. It is a condition that causes damage to the nerves' network that connect the neck and shoulders, referred to as the brachial plexus. This condition can cause substantial physical and financial costs for your family. It is important to collaborate 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 recognize the potential risk factors for shoulder dystocia during labor and delivery and they should be able prevent these injuries from occurring. A doctor or other medical professional could cause Erb's palsy if they don't realize that the delivery process is getting more complicated and they take insufficient measures to get the baby out. This can result in pulling on a nerve.
A doctor can also cause Erb's Palsy if they do not perform the Cesarean Section when it is clear that your child is difficult to deliver vaginally. If you believe your child's Erb's Palsy was the result of medical negligence, you should work with an Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. Your attorney will help you determine the future cost of your child's treatment and calculate the possible compensation amount. Most cases are settled through settlements, which offer faster and more comprehensive financial compensation than taking the case to trial.

What happens in a lawsuit?
Your family may be entitled to compensation if medical negligence led to your child's Erb palsy. This will cover future therapy, treatment and other costs associated with your child's nerve injury.
An Erb's Palsy lawsuit is a medical malpractice claim. Your lawyer will examine your child's birth records and determine if the doctor acted in a negligent way during the delivery process. They can also bring in experts from the medical field to testify on the injury and its cause.
Erb's palsy is often caused by a health professional pulling too hard on the baby in order to assist in the birth. This can cause injuries to the brachial plexus. This is a typical problem in shoulder dystocia. The shoulders of the newborn can become stuck in the woman's birth canal, creating excessive downward pressure.
After your lawyer has obtained all the evidence needed to prove their case, they will file a lawsuit against the defendants. The defendants have approximately 30 days to respond. The next step is discovery. During this time, your lawyer and the legal team of the defendant will gather additional evidence to support their respective positions. This can include depositions of witnesses, expert reports and other documents. Based 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 receive in a court case if I win?
There is no average settlement amount because each case is unique. The goal of our legal team is to ensure a settlement that compensates you fairly. We will consider all your expenses including treatment costs, and lost income. We can also help prepare your taxes which could apply to your settlement.
Many cases of Erb's syndrome could have been prevented with proper treatment. We will look into your case free of charge to determine if there's grounds for a lawsuit.
Many birth injuries are the result of medical negligence, which means the doctor or nurse committed an error that adversely affected your child's health. These errors could be due to the improper use of forceps and vacuum devices, attempting to deliver a baby who has an abnormal size or position in the womb, and shoulder dystocia in the delivery. Most often, the reason for shoulder dystocia is due excessive pulling or stretching of the infant's shoulders and head during a long or difficult delivery. Medical experts are aware of these risks and suggest they be avoided. Contact us today for a free assessment of your case should you suspect that medical negligence caused injury to your child during labor or delivery.