Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors aren't cautious they may stretch or tear the brachial plexus the birth. This injury could be the result of medical negligence and may lead to Erb's palsy in newborns.
Compensation can assist families with medical bills as well as for treatment. A lawsuit for the condition Erb's Palsy may also cover emotional trauma.
What is Erb's palsy?
In the case of Erb's paralysis, a nerve network in the arms and neck (the brachial plexus) is damaged. The result is that the arm may be weak or inactive and the child may have difficulty using it. A physical therapist may help improve the condition. In certain cases surgical procedures can be done to help heal or replace the damaged nerve fibers. Unfortunately 20 percent of Erb's Palsy children are not able to recover in any way.
A medical professional could 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 assist the baby emerge from the birth canal. This is called shoulder dystocia. It can occur in any birth. However, it's more common when the baby is larger than average or born breech.
Doctors must be aware of the risk factors and adhere to specific protocols when giving birth to avoid these complications. This is known as the standard of care and a failure to adhere to this standard could result in serious injuries for the mother and child.
If your child has suffered an injury to the brachial nerve An attorney from Erb's Palsy can help you file an action to recover financial compensation. This money can be used to pay for your child's treatment and allow them to enjoy the best quality of life.
How do I file a suit?
Erb's Palsy is among the most commonly occurring birth injuries that result from medical malpractice. This condition damages the brachial system of nerves in the neck of the baby and shoulders. This condition can result in significant physical and financial burdens for your family. It is recommended to consult an Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries.
Medical professionals are trained to recognize shoulder dystocia risk factors during labor and birth and should be able prevent these injuries. Sometimes, a doctor or another medical professional could cause an injury to the Erb's palsy because they aren't aware that the delivery process is getting more complicated and make unnecessary steps to pull the baby out of the womb which could result in pulling too much on the nerve.
A doctor may also cause Erb's palsy by not performing the Cesarean Section when it is obvious that your child is difficult to deliver vaginally. If you think your child's Erb's palsy was caused by medical malpractice, you should work with a Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. erb's palsy lawsuit loveland will assist you in calculating the compensation amount and determining future costs associated with your child's treatment. The majority of cases are settled through settlements, which can provide quicker and more complete financial compensation than taking the case to trial.
What happens in a lawsuit?
Your family members are entitled to compensation for medical negligence that caused your child's Erb palsy. This compensation can cover future therapy, treatment, and other expenses associated with your child's nerve damage.
An Erb's-Palsy lawsuit is a form of medical malpractice claim. Your lawyer will review the birth records of your child and determine if a doctor acted negligently during the birth process. They could also employ medical experts to present evidence on the child's injuries and the reasons for it.
Erb's palsy is often caused by a medical professional pulling too hard on the infant to assist with birth. This can lead to traction injuries to the brachial plexus. This is a frequent issue in shoulder dystocia. The shoulders of the baby can become stuck in a birth canal of a woman, causing excessive downward pressure.
After your lawyer has obtained all the evidence needed, they will file an action against the defendants. The defendants will have approximately 30 days to respond. The next step is the discovery phase which is when your lawyer and the legal team representing the defendant will collect additional evidence to support their arguments. This can include expert reports as well as depositions of witnesses and other evidence. Based on the results of the discovery, your case may settle out of court or go to trial.
How much should I expect to get in a lawsuit?
There is no standard settlement amount as each case is unique. The goal of our legal team is to fight for a settlement that is fair to you. We will consider all of your expenses like treatment costs and lost income. We can also prepare you for any taxes which could apply to your settlement.
With proper care, many cases of Erb's Palsy could have been avoided. We will look into your case for free to determine whether 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 negatively affected your child's health. These mistakes include the incorrect use of forceps or vacuum devices, trying to deliver the child in an abnormal size or position in the womb, and shoulder dystocia. Most of the time, the cause for shoulder dystocia is due excessive stretching or pulling of the infant's shoulders or head during a prolonged or difficult delivery. These risks are widely recognized by medical professionals and should be avoided. If your child sustained an injury as a result of medical negligence during labor or birth, contact us for an evaluation of your case for free.