Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear brachial muscles if they're not cautious during birth. This type of injury is usually caused by medical malpractice and can lead to Erb's Palsy in newborns.
Compensation can help families pay medical bills and treatment. A lawsuit involving Erb's palsy could also help with emotional trauma.
What is Erb's palsy?
In Erb's palsy the nerve system of the arms and neck (the brachial plexus) is damaged. The arm may become weak or inactive and the child may struggle to use it. A physical therapist can aid in improving the condition. In some cases, surgery can be performed to restore or replace damaged nerve fibers. Unfortunately, however, 20 percent of children suffering from Erb's palsy do not recover to any measurable degree.
Erb's psy may be caused by medical professionals who pull or applies excessive force to the shoulders of the baby to help them to emerge from the birth canal. This is called shoulder dystocia and can happen in any delivery. However, it is more common when the baby is larger than the average or is born with a breech birth.
Doctors need to be aware of the risk factors and follow specific protocols when giving birth to avoid such complications. This is called the standard of care and the failure to follow this standard could lead to serious injuries to the mother and baby.
If your child has suffered an injury to the brachial plexus An Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can pay for your child's treatment and provide him or her with better quality of life.
How do I file a lawsuit?
Erb's Palsy is among the most common birth injuries caused by medical negligence. It is a condition that causes damage to the network of nerves in the baby's neck and shoulders, which is known as the brachial plexus. This condition can cause significant physical and financial costs for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries.
Medical professionals are trained to spot the risk factors for shoulder dystocia during labor and delivery, and they should be able prevent these injuries from occurring. Sometimes, a doctor or medical professional could trigger an injury to the Erb's palsy because they don't realize that a delivery is becoming complicated and are not taking the proper steps to get the baby out of the womb that could lead to pulling too far on the nerve.
A doctor can also cause an Erb's palsy nerve injury due to the fact that they fail to perform a Cesarean section when it is obvious that your child is likely to be difficult to deliver vaginally. If you think that medical malpractice is the reason for your child's Erb palsy, you should seek out a Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your attorney will assist in calculating the compensation amount and determining future costs associated with your child's care. Settlements are the most popular way to settle cases. They offer a more comprehensive financial compensation and quicker than a trial.
What happens if you file a lawsuit?
If your child's Erb's palsy was caused by medical negligence, your family deserves compensation. This compensation can cover future treatment, therapy as well as other costs that are associated with your child's nerve injury.
An Erb's palsy lawsuit is a form 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 the doctor who delivered your child. They can also bring in experts in the field to testify about the injuries and their causes.
In many cases, Erb's palsy is the result of a medical professional pulling the baby too hard to help in the birth. This can result in injury to the brachial plexus. This is a typical problem with shoulder dystocia, in which babies' shoulders are stuck in the birth canal and can cause excessive downward pressure on the head of a woman's neck or shoulders.
Once your lawyer has gathered the evidence required and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery stage, where both your lawyer and the legal team representing the defendant will collect additional evidence to support their side of the story. This could include depositions of witnesses, expert reports and other documents. Based on the outcome of the discovery, your case will likely settle out of court or go to trial.
What amount can I expect to win in a lawsuit?
There isn't a standard settlement amount, since each case is different. Our legal team will fight for you an appropriate settlement. We consider all your expenses including treatment costs, and lost income. erb's palsy law firm baton rouge can also prepare you for any taxes that might apply to your settlement.
If properly treated, a number of cases of Erb’s palsy would have been avoided. This is why we would like to review your case for free and determine if you have a legal basis to sue.
Many birth injuries result from medical negligence, which means a doctor or nurse made 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 with an abnormal size or position in the womb, and shoulder dystocia when delivering. Shoulder dystocia can be caused by excessive pulling or stretching of the infant's shoulders and head during the difficult delivery. These risks are recognized by medical experts and should be avoided. If your child sustained an injury due to medical negligence during labor or delivery, contact us for a no-cost case evaluation.