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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit When doctors aren't careful they could stretch or tear the brachial plexus during delivery. This injury is often caused by medical malpractice, and can lead to Erb's palsy among newborns. Compensation can help families pay for medical bills and treatments. A lawsuit involving Erb's palsy could also provide compensation for emotional trauma. What is Erb's palsy? In Erb's palsy there is a nerve system in the arms and neck (the brachial plexus) is damaged. As a result, the arm might be weak or inactive and the child may be unable to use it. A physical therapist may help improve the condition. In some instances it is possible to undergo surgery to help heal or replace the damaged nerve fibers. Unfortunately 20 percent of the Erb's-Pasy children do not recover in any way. A medical professional could cause an Erb's Palsy injury during a difficult birth when he or her uses excessive force or pulls on the infant's shoulders to assist them emerge from the birth canal. This is referred to as shoulder dystocia and it can happen during any delivery but is most common when a baby is larger than average or born with a breech birth. To prevent complications Doctors must be aware of risk factors and follow certain guidelines when they deliver a baby. This is known as the standard of care, and the failure to follow this standard can result in serious injuries to the mother and baby. If your child has suffered from an injury to the brachial plexus An Erb's palsy lawyer can assist you in filing a lawsuit for monetary compensation. The money will be used to pay for your child's treatment and to improve the quality of life. How do I file suit? Erb's palsy is a very common type of birth injury that is caused by medical negligence. This condition damages the brachial plexus network of nerves that are located in the baby's neck and shoulders. This condition can result in substantial physical and financial costs for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries. Medical professionals are trained to identify shoulder dystocia risk factors during labor and delivery and should be able stop these injuries. A medical doctor or another professional can trigger Erb's Palsy if they fail to recognize that the delivery is getting complicated and take unnecessary measures to remove the baby. This could result in pulling on a nerve. A doctor can also trigger Erb's Palsy if they do not perform the Cesarean Section when it is obvious that your child would be difficult to deliver vaginally. If you believe that medical malpractice was the cause of your child's Erb palsy, you should contact an Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your lawyer will help you determine the cost for the future of your child's treatment, and calculate your potential compensation amount. Most cases are settled via settlements, which provide faster and more comprehensive financial compensation than going to trial. What happens in a lawsuit? Your family may be entitled to compensation for medical negligence that caused your child's Erb palsy. This compensation can cover future therapy, treatment and other costs associated with your child's nerve injury. A medical malpractice lawsuit involving Erb's Palsy is one type of Erb's Palsy. Your lawyer will review the birth records of your child to determine if a doctor acted negligently during the delivery process. They can also rely on medical experts to provide testimony regarding the injury your child sustained and its causes. In many cases, Erb's paralysis is caused by medical professionals pulling on the baby too hard to help in the birth. This can result in traction injuries in the brachialplexus. This is a typical problem with shoulder dystocia, in which a baby's shoulders become stuck in the birth canal and could cause 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 an action against the defendants. The defendants have 30 days to respond. The next step is the discovery phase where both your lawyer and the legal team representing the defendant will collect additional evidence to support their side of the story. This can include expert reports or depositions of witnesses, as well as other evidence. Based on the outcome of the discovery, your case may end up in court, or go to trial. How much can I expect to receive in a lawsuit? Each case is unique Therefore, there isn't a standard settlement amount. However, the aim of our legal team is to fight for a settlement that compensates you in a fair manner. We will consider all of your expenses like treatment costs and lost income. erb's palsy lawyer mobile can also help you prepare for any taxes that could apply to your settlement. If properly treated, a number of cases of Erb's Palsy could have been avoided. This is the reason we want to review your case free and see if you have a legal basis to sue. Many birth injuries are caused by medical negligence, which means a doctor or nurse made an error that adversely affected your child's health. These errors can include improper use of forceps and vacuum devices, or attempting to deliver a baby with an unusual size or position in the womb, and shoulder dystocia during birth. The most common cause of shoulder dystocia is due to excessive pulling or stretching of the infant's shoulders and head during a prolonged or difficult delivery. Medical experts are aware of these risks and recommend they be avoided. Contact us for a no-cost evaluation of your case should you suspect that medical negligence has caused injury to your child during labor or delivery.