Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors aren't cautious they may stretch or tear the brachial muscle during delivery. This injury could be a result of medical malpractice and may cause Erb's palsy in infants.
Compensation can assist families with medical bills and treatment. A lawsuit involving 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. erb's palsy law firm mesquite may become weak or inactive, and the child may find it difficult to use it. A physical therapist can help to improve the condition. In some cases the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, however 20 percent of children with Erb's Palsy do not recover to a certain degree.
Erb's palsy can be caused by a medical professional who pulls or exerts excessive force on the shoulders of the infant to help them get out of the birth canal. This is called shoulder dystocia. It could happen in any delivery. However, it is more common when the baby is bigger than the average or is born breech.
Doctors should be aware of the risk factors and follow specific protocols when giving birth to avoid complications. This is known as the standard of care. Failure to follow this standard could result in serious injuries to mother and child.
If your child has suffered from an injury to the brachial nerve An attorney from Erb's Palsy can assist you in filing an action to recover financial compensation. This money can pay for the treatment of your child and provide him or her with better quality of life.
How do I start a lawsuit?
Erb's Palsy is a common type of birth injury that is caused by medical negligence. This condition affects the network called brachial plexus of nerves located in the neck of the baby and shoulders. This condition can result in significant physical and financial costs for your family. It is essential to work with a Long Island Erb's palsy lawyer to determine the extent of your child's injuries and the costs that go along with them.
Medical professionals are trained to spot shoulder dystocia risk factors during labor and birth, and are able to prevent these injuries from happening. Sometimes, a doctor or medical professional could trigger an injury called Erb's Palsy due to the fact that they do not realize that the delivery process is getting more complicated and take unnecessary steps to get the baby out of the womb, which could result in pulling too much on a nerve.
A doctor could also cause an injury to the nerve of Erb's Palsy due to the fact that they fail to perform an Cesarean section when it is clear that your child will be unable to deliver vaginally. If you think that medical malpractice was the cause of your child's Erb palsy, it is recommended that you consult a Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your lawyer will assist you in calculating the possible compensation amount and determining the future costs of your child's care. Settlements are the most commonly used method of settling cases. They provide more complete financial compensation, and faster than a trial.
What happens in a lawsuit?
If your child's condition of Erb's palsy was caused by medical negligence and your family is entitled to compensation. This can help cover the cost of treatment in the future as well as therapy, and other costs that are related to your child's neuro damage.
An Erb's palsy suit is a type of medical malpractice claim. The lawyer will go over the birth records of your child to determine whether there was negligence by the doctor who delivered your child. They could also employ medical experts to provide testimony on the child's injuries and the underlying causes.
Erb's palsy is often caused by a medical professional pulling too hard on the baby in order to assist with the birth. This can lead to injuries to the brachialplexus. This is a frequent issue during shoulder dystocia. The baby's shoulders can get stuck in a birth canal of a woman, causing excessive downward pressure.
After your lawyer has gathered all the evidence necessary to prove their case, they will file an action against the defendants. The defendants will have 30 days to respond. The next step is discovery. During this time, your lawyer and the legal team of the defendant will gather additional evidence to support their respective positions. This may include expert reports, depositions from witnesses and other documents. Your case could settle out of court or go to trial depending on the outcome of your discovery.
How much can I anticipate to receive in a lawsuit?
Every case is different and therefore there is no standard settlement amount. But, the objective of our legal team is to ensure an amount that is fair to you. We consider your expenses, including the cost of treatment and any loss of income. We can also help prepare your tax return for any taxes that might apply to your settlement.
With proper care, many cases of Erb’s palsy would have been avoided. We will review your case for free to determine if there's grounds for a lawsuit.
Many birth injuries are caused by medical negligence, which means that a doctor or nurse made an error that negatively affected your child's health. These mistakes could include the incorrect use of forceps, or vacuum devices, or attempting to deliver a baby with an unusual size or position in the womb, and shoulder dystocia during delivery. The most common cause of shoulder dystocia can be traced to excessive stretching or pulling of the infant's shoulders and head during a difficult or prolonged delivery. These risks are well-known by medical experts and should be avoided. Contact us for a no-cost analysis of your situation should you suspect that medical negligence led to an injury to your child during labor and birth.