Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear the brachial muscles if they're not cautious during birth. This injury can result from medical malpractice, and can lead to Erb's palsy in infants.
Compensation can aid families in paying medical bills and treatment. An Erb's palsy lawsuit may also provide compensation for emotional trauma.
What is Erb's palsy?
In Erb's palsy, the brachial plexus (a network of nerves in the neck and arms) is damaged. The arm can become weak or inactive and the child may have difficulty using it. A physical therapist may be able help to improve the condition. In certain instances it is possible to undergo surgery to restore or replace damaged nerve fibers. Unfortunately, however, 20% of children with Erb's palsy don't recover to a significant degree.
A medical professional can cause an Erb's Palsy injury during a difficult delivery when he or her uses excessive force or pulls on the baby's shoulders to assist the baby emerge from the birth canal. This is referred to as shoulder dystocia, and it can happen in any delivery however it is more common when a baby is bigger than average or born with a breech birth.
To prevent complications To avoid complications, doctors should be aware of risk factors and adhere to certain protocols when delivering the baby. This is known as the standard of care and the non-observance of this standard can lead to serious injuries for the mother and child.
A lawyer for Erb's 'Palsy' can help you file a lawsuit to receive financial compensation if your child has suffered an injury to their brachial plexus. The money will be used to pay for your child's treatment and improve the quality of his or her life.
How do I file suit?
Erb's Palsy is one of the most frequent birth injuries that result from medical malpractice. This condition damages the network called brachial plexus of nerves located in the baby's neck and shoulders. This condition can cause significant physical and financial costs for your family. You should speak with an Long Island Erb’s palsy attorney to determine the totality and cost of your child's injuries.
Medical professionals are trained to spot shoulder dystocia risks during labor and birth and should be able to prevent these injuries. A physician or other medical professional could trigger Erb's - Palsy when they aren't aware that the delivery is becoming more complicated and take unnecessary measures to help the baby get out. This could result in pulling on nerves.
A doctor can also cause an Erb's palsy nerve injury because they do not decide to perform the Cesarean section in the event that it is obvious your child will be difficult to deliver vaginally. If you think your child's Erb's palsy was the result of medical malpractice and you want to work with a Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. Your lawyer will help you determine the costs that will be incurred by your child's treatment and calculate your possible compensation amount. The majority of cases are settled by settlements, which can provide quicker and more complete financial compensation than taking the case to trial.
What happens if you are sued?
If your child's Erb's Palsy was caused by medical negligence and your family is entitled to compensation. This will cover future therapy, treatment, and other expenses associated with your child's nerve injury.
An Erb's palsy lawsuit is a type of medical malpractice claim. Your lawyer will review the birth records of your child to determine if the doctor acted in a negligent manner during the delivery process. They can also rely on medical experts to give testimony regarding the injury your child sustained and the causes.
In many cases, Erb's palsy is caused by medical professionals pulling on the baby too hard to assist with the birth. This can result in traction injuries in the brachialplexus. erb's palsy lawyer livermore is a frequent issue with shoulder dystocia, in which the baby's shoulders are entangled in the birth canal. This can result in excessive downward pressure on the head of a woman's, neck or shoulders.
Once your lawyer has collected the evidence they require after which they file your lawsuit against the defendants. The defendants have approximately 30 days to respond. The next step is the discovery phase, which is where your lawyer and the legal team of the defendant will gather additional evidence to support their side of the story. This can include depositions of witnesses, expert reports and other documents. Depending on the outcome of the discovery, your case may end up in court, or go to trial.
How much money can I anticipate to win in a lawsuit should I win?
There isn't a standard settlement amount as each case is different. However, the aim of our legal team is to fight for a settlement that is fair to you. We consider your expenses, which include treatment costs as well as any loss of income. In addition, we can help you prepare for any taxes that may be applicable to your settlement.
Many cases of Erb's Palsy could have been prevented with proper care. That is why we want to review your case free and see if you have grounds to sue.
Many birth injuries are caused by medical negligence. This means an obstetrician or nurse made an error that adversely affected the health of your child. These errors include the improper use of forceps or vacuum devices in the process of delivering a child with an abnormal shape or position in the womb and shoulder dystocia. Most of the time, the cause for shoulder dystocia can be traced to excessive pulling or stretching of the infant's shoulders or head during a prolonged or difficult delivery. These risks are recognized by medical professionals and should be avoided. Contact us for a free assessment of your case in the event that you believe medical negligence has caused injury to your child during labor and delivery.