Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear brachial muscles if they're not careful during the birth. This injury is often caused by medical malpractice, and can cause Erb's Palsy in newborns.
Compensation can help families pay medical expenses and to pay for treatment. A lawsuit for Erb's Palsy may also cover emotional trauma.
What is Erb's palsy?
In the case of Erb's paralysis the nerve system of the arms and neck (the brachial plexus) is damaged. The arm could become weak or inactive and the child could struggle to use it. A physical therapist might be able to assist in improving the condition. In some instances, surgery can be performed to help restore or replace damaged nerve fibers. Unfortunately 20 percent of Erb's palsy children are not able to recover in any way.
Erb's Palsy can be caused by a medical professional who pulls or puts excessive pressure on the shoulders of the baby to assist them 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 infant is larger than the average or is born breech.
To avoid complications Doctors must be aware of risk factors and follow certain guidelines when they deliver the baby. This is known as the standard of care. Infractions to this standard may result in serious injuries to both mother and child.
A lawyer from Erb's Palsy can assist you in filing a lawsuit to receive an amount of money when your child has suffered an injury to their brachial plexus. The money will be used to cover the cost of your child's treatment and to improve the quality of their life.
How do I make a claim?
Erb's Palsy is a common type of birth injury that is caused by medical negligence. It is a condition that harms the nerves' networks that connect the neck and shoulders, referred to as the brachial plexus. This condition can cause significant financial and physical expenses for your family. You should speak with an Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries.
Medical professionals are trained to recognize the potential risk factors for shoulder dystocia during labor and delivery, and should be able to prevent these injuries from occurring. Sometimes, a doctor or medical professional could trigger an injury known as Erb's-Plassy because they do not realize that the process of delivery is becoming complicated and do not take the necessary 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 injury to the nerve of Erb's Palsy because they don't decide to perform the Cesarean section in the event that it is obvious your child will be difficult to deliver vaginally. If you suspect that your child's condition was the result of medical negligence it is recommended that you work with a Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. Your lawyer will assist you in calculating your potential compensation amount and also determining the future costs associated with your child's care. erb's palsy attorneys lakeland are the most common way to settle cases. They offer a greater financial settlement and are faster than a trial.
What happens in the event of a lawsuit?
If your child's Erb's paralysis was the result of negligence on the part of a medical professional or negligence, your family should be compensated. This could help pay for the cost of treatment in the future therapies, as well as other expenses that are related to your child's neuro damage.
A medical malpractice lawsuit for Erb's Palsy is one type of Erb's palsy. Your lawyer will go through your child's birth records and determine if a physician acted in a negligent way during the delivery process. They can also bring in experts in the field to testify about the cause of the injury and how it occurred.
Erb's palsy is often caused by a medical professional pulling too hard on the baby to help with birth. This can cause injuries to the brachialplexus. This is a typical problem with shoulder dystocia, in which a baby's shoulders become stuck in the birth canal. This could cause excessive downward pressure on a woman's head neck or shoulders.
Once your lawyer has gathered the evidence required and documents, they will file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is discovery. During this time, your lawyer and the legal team of the defendant will gather additional evidence to support their respective positions. This may include depositions of witnesses, expert reports, and other evidence. Based on the outcomes of the investigation, your case could settle out of court or go to trial.
How much can I anticipate to receive in a lawsuit?
There is no standard settlement amount, since each case is different. However, the aim of our legal team is to ensure an amount which compensates you fairly. We take into consideration all your expenses, such as treatment costs and lost income. We can also prepare your taxes which could apply to your settlement.
With proper care, many cases of Erb's palsy could be avoided. We will review your case at no cost to determine whether there are grounds to bring a lawsuit.
Many birth injuries result from medical negligence, which means that the doctor or nurse committed an error that negatively impacted the health of your child. These errors can be traced to the improper use of vacuum devices or forceps in the process of delivering a child with an unusual position or size in the womb and shoulder dystocia. Most often, the reason for shoulder dystocia is due excessive pulling or stretching of the baby's shoulders and head during a lengthy or difficult delivery. These risks are well known by medical professionals and should be avoided. If your child suffered an injury as a result of medical negligence during labor or delivery, contact us for a free case evaluation.