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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors may stretch or tear brachial plexus if they are not attentive during the delivery. This type of injury is usually caused by medical malpractice, and can result in Erb's palsy in newborns. Compensation can help families pay medical expenses and also for treatment. A lawsuit involving Erb's palsy could also be able to cover emotional trauma. What is Erb's palsy? In Erb's palsy the nerve system of the neck and arms (the brachial plexus) is damaged. The arm may become weak or inactive and the child could struggle to use it. A physical therapist can help to improve the condition. In some instances it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately 20% of children with Erb's palsy do not recover to a significant degree. A medical professional can cause an Erb's-Palsy injury during a difficult delivery if he or she uses excessive force or pulls on the infant's shoulders to help the baby emerge from the birth canal. This is called shoulder dystocia and can happen at any time during a delivery. However, it's more common when the infant is larger than average or born in a breech position. Doctors should be aware of the risk factors and adhere to specific guidelines when giving birth to avoid these complications. This is known as the standard of care and failure to adhere to this standard can lead to serious injuries for the mother and child. If your child has suffered from an injury to the brachial plexus An Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can be used to pay for your child's treatment and increase the quality of life. How do I do I file a lawsuit? Erb's Palsy is among the most commonly occurring birth injuries that result from medical negligence. The condition causes damage to the network called brachial plexus of nerves that are located in the baby's neck and shoulders. This condition can have significant financial and physical costs for your family. You should consult an Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries. Medical professionals are trained to recognize shoulder dystocia risks during labor and birth and should be able to avoid these injuries. Sometimes, erb's palsy attorney lake forest or another medical professional could trigger an injury called Erb's Palsy due to the fact that they do not realize that a birth is getting more complicated and are not taking the proper steps to get the baby out of the womb, which could result in pulling too heavily on the nerve. A doctor could also cause an injury to the nerve of Erb's Palsy because they don't decide to perform the Cesarean section when it is clear that your child will be difficult to deliver vaginally. If you believe that your child's Erb's Palsy was the result of medical malpractice You should consult an Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your attorney will help determine the costs that will be incurred by your child's treatment as well as calculate your possible compensation amount. Settlements are the most popular way to settle cases. They provide greater financial settlement and are faster than a trial. What happens in a lawsuit? Your family may be entitled to compensation if medical negligence led to your child's Erb palsy. This can help to cover the cost of any future treatment therapies, as well as other expenses connected to your child's nerve injury. An Erb's palsy suit is a form of medical malpractice claim. Your lawyer will look over your child's birth records and determine if a doctor acted in a negligent way during the delivery process. They may also call in medical experts to testify about the cause of the injury and how it occurred. Erb's palsy can be caused by a healthcare professional pulling too hard on the infant to assist during the birth. This can result in traction injuries in the brachialplexus. This is a common issue during shoulder dystocia. the baby's shoulders get stuck in the birth canal. This can lead to excessive downward pressure on a woman's head and neck or shoulders. Once your lawyer has gathered the evidence they require after which they file your lawsuit against the defendants. The defendants will then have around 30 days to respond. The next stage is discovery. During this time, your lawyer and the legal team of the defendant will collect additional evidence to support their respective arguments. This could include expert opinions as well as depositions of witnesses and other documents. Based on the outcomes of the investigation, your case could settle out of court or go to trial. How much can I expect to win in a lawsuit? There is no standard settlement amount, since each case is different. However, the aim of our legal team is to secure an amount that compensates you fairly. We take into account your expenses, including treatment costs and any loss of income. We also assist in preparing your tax return for any taxes that might apply to your settlement. Many cases of Erb's palsy could have been avoided by proper treatment. This is the reason we want to review your case free to determine if we have grounds to sue. Medical negligence is the cause of many birth injuries. This means that a doctor or a nurse made a mistake which negatively affected your child's health. These mistakes could include the incorrect use of forceps and vacuum devices, or attempting to deliver a baby that has an abnormal size or position in the womb and shoulder dystocia during birth. Shoulder dystocia is often caused by excessive pulling or stretching the infant's shoulders and head during the delivery process. These risks are widely recognized by medical professionals and should be avoided. Contact us today for a free analysis of your situation should you suspect that medical negligence has caused injury to your child during labor and delivery.