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

When doctors aren't careful, they can stretch or tear the brachial nerve during the birth. This type of injury is usually caused by medical malpractice, and can lead to Erb's palsy among newborns.

Compensation can assist families with medical bills and for treatment. An Erb's palsy lawsuit may also cover emotional trauma.

What is Erb's palsy?

In Erb's syndrome the nerve network of the arms and neck (the brachial plexus) is damaged. In the result, the arm could be weak or inactive and the child may have difficulty using it. A physical therapist may be able to assist in improving the condition. In some instances surgery may be necessary to repair or replace damaged nerve fibers. However 20 percent of children with erb's palsy lawyers syndrome do not recover to a significant degree.

A medical professional can cause an Erb's-Palsy injury during a difficult delivery when he or she applies excessive force or pulls on the infant's shoulders to assist him or her emerge from the birth canal. This is known as shoulder dystocia and it can happen in any delivery however it is more common when a baby is larger than average or was born in a breech position.

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

A lawyer from Erb's Palsy can help you file a lawsuit to receive financial compensation for your child who has suffered an injury to the brachial plexus. This money can help pay for the treatment of your child and give him or her a better quality of life.

How do I file a suit?

Erb's palsy is a very common type of birth injury that is caused by medical negligence. It is a condition that causes damage to the nerve system in a baby's neck and shoulders, referred to as the brachial plexus. This can lead to significant financial and physical expenses for your family. You should speak with a Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries.

Medical professionals are trained to spot risk factors of shoulder dystocia during labor and delivery and they should be able prevent these injuries from happening. Sometimes, a doctor or medical professional could trigger an injury to the Erb's palsy because they don't know that the delivery process is getting more complicated and make unnecessary steps to pull the baby out of the womb, which can lead to pulling too hard on the nerve.

A doctor can also cause an injury to the nerve of Erb's Palsy due to the fact that they fail to perform the Cesarean section in the event that it is obvious your child is likely to be difficult to deliver vaginally. If you believe that your child's Erb's Palsy was caused by medical malpractice and you want to work with an Long Island Erb's Palsy Lawyer to submit a claim against responsible parties. Your attorney will help determine the future cost of your child's treatment and calculate the possible compensation amount. Settlements are the most frequent way to settle cases. They offer a greater financial settlement and are quicker than going to trial.

What happens in a lawsuit?

Your family may be entitled to compensation for medical negligence that caused your child's Erb palsy. This can be used to pay for future treatment, therapy and other costs associated with the nerve damage of your child.

An Erb's palsy lawsuit is a type of medical malpractice claim. Your lawyer will examine the birth records of your child to determine if a physician acted in a negligent manner during the delivery process. They may also call in experts from the medical field to provide evidence on the injury and its cause.

Erb's palsy is often caused by a medical professional pulling too hard on the baby to help during the birth. This can lead to injury to the brachialplexus. This is a common problem with shoulder dystocia, in which the baby's shoulders are entangled in the birth canal. This can cause excessive downward pressure on a woman's head neck or shoulders.

After your lawyer has collected all the evidence required and has filed a lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase which is where your lawyer and the legal team of the defendant gather additional evidence to back their side of the story. This may include expert reports, depositions from witnesses and other documentation. Your case may settle out-of-court or go to trial based on the outcome of your discovery.

What is the maximum amount I can expect to win in a lawsuit?

Every case is unique and therefore there is no standard settlement amount. Our legal team will fight to secure you an acceptable settlement. We will consider all of your expenses, such as treatment costs and lost income. We can help you prepare for any taxes that may be applicable to your settlement.

Many cases of Erb's syndrome could have been avoided by proper treatment. We will examine your case at no cost to see if there are grounds for a suit.

Medical negligence is the cause of many birth injuries. This means that a doctor or a nurse made a mistake that adversely affected your child's wellbeing. These errors could be due to the improper use of forceps or vacuum devices, or attempting to deliver a baby who has an abnormal size or position in the womb, and shoulder dystocia during delivery. Shoulder dystocia can be caused by excessive pulling or stretching the baby's neck and shoulders during a difficult delivery. These risks are recognized by medical professionals and should be avoided. If your child suffered an injury due to medical negligence during labor or delivery, contact us for an assessment of your case at no cost.