Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors aren't cautious they could stretch or tear the brachial plexus delivery. This injury could be the result of medical negligence and may lead to Erb's palsy in newborns.
Compensation can aid families in paying medical bills and treatments. A lawsuit for Erb's Palsy could also cover emotional trauma.
What is Erb's palsy?
In Erb's palsy, the brachial plexus (a network of nerves that runs through the neck and arms) is damaged. The arm can become weak or inactive and the child could struggle to use it. A physical therapist can help improve the condition. In certain cases surgery may be required to help heal or replace the damaged nerve fibers. However 20 percent of children with Erb's Palsy do not recover in any way that is measurable.
Erb's Palsy is often caused by medical professionals who pull or applies excessive force to the shoulders of the baby to help them to emerge from the birth canal. This is known as shoulder dystocia. It can occur at any time during a delivery. However, it is more common in cases where the baby is larger than normal or born breech.
Doctors must be aware the risk factors and follow specific guidelines when giving birth to avoid complications. This is called the standard of care. Failure to follow this standard can result in serious injuries to both mother and child.
If your child has suffered an injury to the brachial nerve, an Erb's palsy lawyer can assist you in filing an action for financial compensation. The money will pay for your child's treatment and help them enjoy better quality of life.
How do I file a lawsuit?
Erb's palsy is a very frequent birth injury that is caused by medical negligence. It is a condition that harms the nerves' networks in the neck and shoulders, which is known as the brachial plexus. This condition can result in major physical and financial consequences for your family. It is important to work with a Long Island Erb's palsy lawyer to determine the extent of your child's injuries and the expenses associated with them.
Medical professionals are trained to spot the risk factors for shoulder dystocia during labor and birth, and are able to prevent these injuries from happening. Sometimes, erb's palsy attorney bloomington or medical professional could cause an injury called Erb's Palsy due to the fact that they aren't aware that a birth is becoming complicated and are not taking the proper steps to get the baby out of the womb, which could result in pulling too hard on a nerve.
A doctor may also cause Erb's Palsy if they do not perform an Cesarean Section when it is clear that your child would be difficult to deliver vaginally. If you suspect that medical malpractice caused your child's Erb palsy, you should consult a Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will help you determine the costs that will be incurred by your child's treatment and calculate the possible compensation amount. Settlements are the most common way to settle cases. They provide more complete financial compensation, and quicker than going to trial.
What happens if you file a lawsuit?
Your family can claim compensation for medical negligence that caused your child's Erb palsy. This compensation could cover future treatment, therapy and other costs associated with the nerve damage your child suffered.
An Erb's Palsy lawsuit is a kind of medical malpractice claim. Your lawyer will examine the birth records of your child to determine if a doctor acted negligently during the birth process. They can also engage medical experts to testify on the child's injuries and the reasons for it.
In many cases, Erb's Palsy is caused by a medical professional pulling the baby too hard to help with the birth. This can lead to injuries to the brachial plexus. This is a common issue during shoulder dystocia. The shoulders of the newborn can become stuck in a woman's birth canal, causing excessive downward pressure.
After your lawyer has obtained all the evidence needed to prove their case, they will file a lawsuit against the defendants. The defendants will then have 30 days to respond. The next step is the discovery phase, in which your lawyer as well as the legal team of the defendant will collect additional evidence to support their respective sides of the argument. This may include expert reports as well as depositions of witnesses and other documentation. Depending on the results of the discovery, your case may settle out of court or go to trial.
How much should I expect to get in a lawsuit?
There is no average settlement amount because each case is different. Our legal team will fight to secure you an acceptable settlement. We take into account your expenses, which include the cost of treatment and any loss of income. We can also help you prepare for any tax implications that might apply to your settlement.
Many cases of Erb's Palsy could have been prevented by taking proper care. We will look into your case at no cost to see if there are grounds for a suit.
Many birth injuries are the result of medical negligence, which means that an obstetrician or nurse made an error that adversely affected the health of your child. These mistakes include the incorrect use of vacuum devices or forceps in the process of delivering the child in an unusual position or size in the womb, and shoulder dystocia. Often, the cause of shoulder dystocia is due excessive pulling or stretching of the infant's shoulders or head during a prolonged or difficult delivery. Medical professionals are aware of the risks and recommend they be avoided. If your child has suffered an injury as a result of medical negligence during labor or birth, contact us for an assessment of your case at no cost.