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

Doctors may stretch or tear brachial muscles if they're not careful during the birth. This injury can result from medical malpractice and may cause Erb's palsy in infants.

Compensation can help families pay medical bills and treatment. An Erb's palsy lawsuit may also help with emotional trauma.

What is Erb's palsy?

In Erb's palsy, a nerve network in the neck and arms (the brachial plexus) is damaged. The arm may become weak or inactive and the child might find it difficult to use it. A physical therapist can aid in improving the condition. In some instances it is possible to undergo surgery to to repair or replace the affected nerve fibers. Unfortunately 20 percent of Erb's Palsy children are not able to recover in any way.

A medical professional may cause an Erb's palsy injury during a difficult birth when he or her uses excessive force or pulls on the infant's shoulders to help the infant emerge from the birth canal. This is called shoulder dystocia and can happen at any time during a delivery. However, it is more common when the baby is larger than average or born with a breech birth.

To prevent complications Doctors must be aware of risk factors and adhere to certain protocols when delivering the baby. This is known as the standard of care, and the non-observance of this standard can result in serious injuries to the mother and the child.

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

How do I file suit?

Erb's syndrome is a common birth injury caused by medical negligence. It is a condition that harms the nerves' networks in a baby's shoulders and neck, called the brachial plexus. This condition can cause substantial financial and physical costs for your family. It is important to work with an Long Island Erb's palsy lawyer to determine the full extent of your child's injuries and the costs associated with them.

Medical professionals are trained to identify shoulder dystocia risks during labor and delivery and should be able to prevent these injuries. Sometimes, a doctor or another medical professional could trigger an Erb's palsy injury because they aren't aware that the process of delivery is becoming more complicated, and take unnecessary steps to get the baby out of the womb, which can result in pulling too far on the nerve.

A doctor can also cause an Erb's palsy nerve injury because they don't decide to perform a Cesarean section when it is evident that your child will be unable to deliver vaginally. If you believe your child's Erb's palsy was the result of medical negligence and you want to work with an Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your attorney will help you determine the costs that will be incurred by your child's treatment and calculate the possible compensation amount. Settlements are the most popular way to settle cases. They offer greater financial settlement and are faster than a trial.

What happens in the event of a lawsuit?

If your child's Erb's palsy was the result of medical negligence, your family deserves compensation. This compensation could cover future treatment, therapy and other expenses that come along with your child's nerve damage.

An Erb's palsy lawsuit is a kind of medical malpractice claim. Your lawyer will look over the birth records of your child and determine if a doctor was in a negligent way during the delivery process. They may also use medical experts to testify regarding the injury your child sustained and its causes.

In many cases, Erb's palsy is caused by medical professionals pulling on the baby too hard to assist in the birth. This can cause trauma to the brachial plexus. This is a common issue with shoulder dystocia, in which 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 or shoulders.

After your lawyer has gathered all the evidence necessary to prove their case, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase, in which your lawyer as well as the defendant's legal team will collect additional evidence to support their respective sides of the argument. This can include depositions of witnesses, expert reports and other documentation. Depending on the outcome of the discovery your case could settle out of court, or go to trial.

How much money can I expect to win in a lawsuit, if I win?

There is no average settlement amount, as every case is unique. The goal of our legal team is to ensure an amount that compensates you fairly. We will consider your expenses, including the cost of treatment and any loss of income. Additionally, we will assist you in preparing any tax implications that might apply to your settlement.

With proper care, many cases of Erb's palsy could have been avoided. This is the reason we want to examine your case free and see if you have grounds to sue.

Many birth injuries are the result of medical negligence, which means the doctor or nurse committed an error that adversely affected the health of your child. These mistakes can be caused by the improper use of forceps or other vacuum devices, trying to deliver a baby with an unusual size or erb's palsy position in the womb, and shoulder dystocia during delivery. Shoulder dystocia can be caused by excessive pulling or stretching the infant's shoulders and head during the delivery process. These risks are widely recognized by medical experts and should be avoided. If your child sustained an injury due to medical negligence during labor or birth, please contact us for a no-cost case evaluation.