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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't vigilant they could stretch or tear the brachial nerve during the birth. This injury is often caused by medical negligence, and can result in Erb's palsy in newborns. Compensation can help families pay medical expenses and also for treatment. An Erb's Palsy lawsuit could also help with 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 result is that the arm may be weak or inactive and the child may be unable to use it. A physical therapist might be able to help improve the condition. In some cases the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, 20 percent of children who suffer from Erb's Palsy do not recover to a significant degree. Erb's palsy can be caused by medical professionals who pull or exerts excessive force on the shoulders of the baby to assist them emerge from the birth canal. This is referred to as shoulder dystocia. it can happen in any delivery however it is more common when a baby is heavier than average or was born breech. Doctors should be aware of the risk factors and adhere to specific protocols when giving birth to avoid complications. This is known as the standard of care. Infractions to this standard could result in serious injuries to the mother and child. If your child has suffered from an injury to the brachial area, an Erb's palsy lawyer can help you file a lawsuit for monetary compensation. The money will pay for your child's treatment and allow them to enjoy a better quality of life. How do I file suit? Erb's psoriasis is among the most common birth injuries caused by medical malpractice. The condition causes damage to the brachial system of nerves situated in the baby's neck and shoulders. This condition can cause major physical and financial consequences 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 spot shoulder dystocia risks during labor and delivery and should be able to avoid these injuries. Sometimes, a doctor or another medical professional may cause an injury to the Erb's palsy because they do not realize that a birth is becoming complicated and do not take the necessary steps to get the baby out of the womb, which could result in pulling too hard on nerves. A doctor could also trigger Erb's psy by failing to perform a Cesarean Section when it is obvious that your child would be difficult to deliver vaginally. If you suspect that medical malpractice caused your child's Erb palsy, it is recommended that you consult an Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your attorney will assist you in calculating the possible compensation amount and determining the future costs of your child's treatment. The majority of cases are settled through settlements, which can provide quicker and more complete financial compensation than going to trial. What happens in a lawsuit? If your child's condition of Erb's palsy was caused by medical negligence Your family is entitled to compensation. This could help pay for the cost of treatment in the future, therapy and other expenses connected to your child's nerve damage. A medical malpractice lawsuit for Erb's palsy is a form of Erb's palsy. Your lawyer will look over the birth records of your child to determine whether there was negligence by the doctor during the birth. They may also use medical experts to present evidence regarding the injury your child sustained and the causes. In many cases, Erb's Palsy is the result of a medical professional pulling the baby too hard to assist in the birth. This can cause injuries to the brachialplexus. This is a frequent issue when it comes to shoulder dystocia. a baby's shoulders become stuck in the birth canal and can lead to excessive downward pressure on the head of a woman's, neck or shoulders. After your lawyer has obtained all the evidence needed for the case, they'll file a lawsuit against the defendants. The defendants then have around 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 gather additional evidence to back their sides of the case. This can include depositions of witnesses, expert reports, and other documents. Your case may settle out of court or go to trial depending on the outcome of your discovery. What is the maximum amount I can expect to get in a lawsuit should I win? Every case is different and therefore there is no standard settlement amount. However, the aim of our legal team is to fight for a settlement which compensates you fairly. We take into account your expenses, which include treatment costs and any loss of income. Additionally, we will help you prepare for any taxes that may be applicable to your settlement. Many cases of Erb's paralysis could have been avoided by proper treatment. That is why we want to examine your case for free and see if you have grounds to sue. erb's palsy lawsuit tustin is the cause of many birth injuries. This means that a doctor or nurse made a mistake that negatively affected your child's health. These mistakes can be caused by the improper use of forceps or vacuum devices, trying to deliver a baby that has an unusual size or position in the womb and shoulder dystocia when delivering. Most often, the reason for shoulder dystocia can be traced to excessive stretching or pulling of the infant's shoulders and head during a prolonged or difficult delivery. These risks are widely recognized by medical experts and should be avoided. If your child suffered an injury due to medical negligence during labor and birth, please contact us for a no-cost case evaluation.