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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors don't take care they may stretch or tear the brachial plexus during delivery. This injury is often result of medical malpractice and can result in Erb's Palsy in newborns. Compensation can help families pay for medical bills and treatments. A lawsuit for the condition Erb's Palsy could also cover emotional trauma. What is Erb’s palsy? In Erb's palsy, the brachial plexus (a network of nerves located in the neck and arms) is damaged. As a result, the arm could be weak or inactive, and the child may be unable to use it. A physical therapist can help improve the condition. In certain cases surgery may be necessary to repair or replace damaged nerve fibers. Unfortunately, 20% of children with Erb's Palsy do not recover to a certain 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 assist him or her emerge from the birth canal. This is referred to as shoulder dystocia. it can happen in any birth however it is more common when a baby is heavier than average or has been born in a breech position. To avoid complications To avoid complications, doctors should be aware of risk factors and follow certain guidelines when they deliver the baby. This is called the standard of care. Failure to follow this standard could lead to serious injuries to the mother and child. If your child has suffered an injury to the brachial plexus An Erb's palsy lawyer can assist you in filing a lawsuit for monetary compensation. This money can be used to pay for your child's treatment and to improve his or her quality of life. How do I file a suit? Erb's palsy is among the most commonly occurring birth injuries caused by medical malpractice. It is a condition that causes damage to the nerve system in a baby's neck and shoulders, known as the brachial plexus. The condition can result in significant physical and financial burdens for your family. It is crucial to work with an Long Island Erb's palsy lawyer to determine the extent of your child's injuries as well as the costs that go along with them. Medical professionals are trained to spot shoulder dystocia risks during labor and birth and should be able prevent these injuries. Sometimes, a doctor or medical professional could trigger an injury to the Erb's palsy because they do not realize that the process of delivery is becoming complicated and take unnecessary steps to get the baby out of the womb, which could result in pulling too far on nerves. A doctor could also trigger Erb's Palsy if they do not perform the Cesarean Section when it is clear that your child would be difficult to deliver vaginally. If you suspect that medical malpractice was the cause of your child's Erb palsy, you should contact an Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your attorney will help determine the costs that will be incurred by your child's treatment and calculate your possible compensation amount. Settlements are the most common way to settle cases. They provide a greater financial settlement and are quicker than going to trial. What happens if you are sued? If your child's condition of Erb's palsy was caused by negligence on the part of a medical professional or negligence, your family should be compensated. This can help to cover the cost of treatment in the future, therapy and other expenses associated with your child's nerve injury. An Erb's palsy suit is a medical malpractice claim. The lawyer will go over the birth records of your child to determine whether there was negligence on the part of the doctor during the birth. They can also bring in experts from the medical field to testify on 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 with the birth. This can lead to injuries to the brachialplexus. This is a common issue during shoulder dystocia, where a baby's shoulders become stuck in the birth canal. This can cause excessive downward pressure on the head of a woman's and neck or shoulders. After your lawyer has collected all the evidence required and has filed a lawsuit against the defendants. The defendants will then have around 30 days to respond. The next step is the discovery stage, in which your lawyer as well as the defendant's legal team will collect additional evidence to support their arguments. This can include expert reports or depositions of witnesses, as well as other documents. Depending on the results of the discovery, your case will likely be settled out of court or go to trial. How much should I expect to win in a lawsuit? There isn't a standard settlement amount as each case is different. Our legal team will fight hard to secure you an appropriate settlement. We take into account your expenses, including treatment costs as well as any loss of income. We can also help prepare you for any taxes that might apply to your settlement. If erb's palsy lawsuit new bedford had taken care of yourself, a lot of cases of Erb's palsy could have been prevented. This is why we would like to review your case free and determine if you have grounds to sue. Many birth injuries are the result of medical negligence, which means that a doctor or nurse made an error that negatively affected the health of your child. These mistakes include the incorrect use of forceps or vacuum devices in the attempt to deliver a child with an unusual position or size in the womb, and shoulder dystocia. Shoulder dystocia can be caused by excessive pulling or stretching the infant's shoulders and head during an uneasy delivery. These risks are recognized by medical professionals and should be avoided. Contact us today for a free evaluation of your case in the event that you believe medical negligence caused injury to your child during labor or birth.