Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear brachial plexus when they are not attentive during the delivery. This injury can result from medical malpractice and may cause Erb's palsy in newborns.
Compensation can aid families in paying medical bills and for treatment. An Erb's palsy lawsuit may also help with emotional trauma.
What is Erb's palsy?
In Erb's syndrome the nerve network of the arms and neck (the brachial plexus) is damaged. The arm could become weak or inactive and the child could struggle to use it. A physical therapist can help improve the condition. In certain instances it is possible to undergo surgery to help restore or replace damaged nerve fibers. Unfortunately, 20 percent of Erb's Palsy children are not able to recover in any way.
Erb's palsy can be caused by a medical professional who pulls or puts excessive pressure on the shoulders of the baby in order to help them to emerge from the birth canal. This is known as shoulder dystocia and it can happen during any delivery but is most common when a baby is heavier than average or born with a breech birth.
Doctors should be aware of the risk factors and follow specific protocols when delivering babies to avoid such complications. This is known as the standard of care. Infractions to this standard can result in serious injuries to 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 to recover financial compensation. This money can be used to pay for your child's treatment and increase his or her quality of life.
How do I do I file a lawsuit?
Erb's Palsy is one of the most commonly occurring birth injuries that result from medical malpractice. It is a condition that damages the network of nerves that connect the shoulders and neck, called the brachial plexus. This condition can result in substantial physical and financial costs for your family. You should consult a Long Island Erb’s palsy attorney to determine the full 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 prevent these injuries. A doctor or medical professional can cause Erb's Palsy in the event that they do not realize the delivery is getting complicated and take the wrong steps to remove the baby. This could result in pulling on a nerve.
A doctor could also cause an injury to the nerve of Erb's Palsy because they don't decide to perform an Cesarean section in the event that it is obvious your child will be unable to deliver vaginally. If you suspect that medical malpractice is the reason for your child's Erb palsy, seek out a Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. The lawyer will assist you in calculating the compensation amount and determining the future costs associated with your child's care. Most cases are settled via settlements, which provide faster and more comprehensive 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 deserves compensation. This can be used to pay for future therapy, treatment and other expenses that come along with your child's nerve damage.
An Erb's-Palsy lawsuit is a form of medical malpractice claim. Your lawyer will go through your child's birth records and determine if a doctor was in a negligent manner during the delivery process. They may also request experts in the field to testify about the injuries and their causes.
In many cases, Erb's palsy is caused by a medical professional pulling on the baby too hard to assist in the birth. This can cause 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 can lead to excessive downward pressure on a woman's head neck, shoulders or neck.
Once your lawyer has collected the evidence they require after which they file your lawsuit against the defendants. The defendants will then have around 30 days to respond. The next step is the discovery phase which is when your lawyer and the defendant's legal team will gather additional evidence to support their arguments. This can include depositions of witnesses, expert reports, and other documentation. Depending on the results of the discovery, your case will likely settle out of court, or go to trial.
What is the maximum amount I can expect to get in a lawsuit?
Every case is unique Therefore, there isn't a standard settlement amount. But, the goal of our legal team is to secure a settlement which compensates you fairly. We take into account your expenses, including treatment costs and any loss of income. In addition, we can assist you in preparing any taxes that may be applicable to your settlement.
Many cases of Erb's syndrome could have been prevented with proper treatment. This is why we'd like to review your case free to determine if we have grounds to sue.
Medical negligence is responsible for numerous birth injuries. This means that a doctor or nurse made a mistake which negatively affected your child's well-being. These errors could be due to the improper use of forceps or other vacuum devices, or attempting to deliver a baby who has an unusual size or position in the womb, and shoulder dystocia when delivering. Most often, the reason for shoulder dystocia is caused by excessive stretching or pulling of the infant's shoulders and head during a lengthy or difficult delivery. Medical professionals are aware of the risks and recommend they be avoided. Contact erb's palsy law firm indiana for a no-cost review of your case in the event that you believe medical negligence caused injury to your child during labor or delivery.