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 delivery. This type of injury is usually caused by medical malpractice, and can lead to Erb's Palsy in newborns.
Compensation can aid families in paying medical bills as well as for treatment. A lawsuit for Erb's Palsy may also cover emotional trauma.
What is Erb's palsy?
In the case of Erb's palsy, a nerve network in the arms and neck (the brachial plexus) is damaged. The arm may become weak or inactive and the child may be unable to use it. A physical therapist may help improve the condition. In some instances surgical procedures can be done to help restore or replace damaged nerve fibers. Unfortunately 20% of children with Erb's palsy don't recover to a certain degree.
Erb's Palsy is often caused by medical professionals who pull or uses excessive force on the shoulders of the baby to help them to emerge from the birth canal. This is known as shoulder dystocia. It can happen in any birth. However, it's more common when the infant is bigger than the average or is born to the breech position.
Doctors must be aware of the risk factors and adhere to specific protocols when delivering babies to avoid these complications. This is known as the standard of care, and the non-observance of this standard could result in serious injuries to the mother and the child.
A lawyer for Erb's Palsy can assist you in filing a lawsuit to receive an amount of money when your child has suffered a brachial-plexus injury. This money can pay for your child's treatment and help them enjoy the best quality of life.
How do I file suit?
Erb's psoriasis is among the most common birth injuries that result from medical negligence. This condition damages the brachial plexus network of nerves that are located in the neck of the baby and shoulders. The condition can result in substantial physical and financial costs for your family. It is advisable to speak with 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 medical doctor or another professional could cause Erb's palsy in the event that they do not realize the delivery is getting complicated and if they take unnecessary steps to remove the baby. This can result in pulling on nerves.
A doctor can also cause an Erb's palsy nerve injury because they do not decide to perform a Cesarean section when it is evident that your child will be difficult to deliver vaginally. If you think that medical negligence caused your child's Erb palsy, it is recommended that you contact a Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. The lawyer will assist you in calculating the possible compensation amount and determining future costs associated with the care of your child. Settlements are the most commonly used way to settle cases. They offer a more comprehensive financial compensation and faster than going to trial.
What happens during a lawsuit?
Your family is entitled to compensation for medical negligence that caused your child's Erb palsy. This can help cover the cost of treatment in the future as well as therapy, and other costs connected to your child's nerve damage.
An Erb's Palsy lawsuit is a form of medical malpractice claim. Your lawyer will review the birth records of your child to determine whether there was negligence on the part of an individual doctor during the delivery. They may also request medical experts to testify about the injuries and their causes.
Erb's Palsy can be caused by a medical worker pulling too hard on the baby in order to assist during the birth. erb's palsy lawsuit brooklyn park can cause injury to the brachialplexus. This is a typical problem with shoulder dystocia. The shoulders of the newborn can become stuck in the woman's birth canal, creating excessive downward pressure.
After your lawyer has obtained all the evidence needed, they will file an action against the defendants. The defendants have 30 days to respond. The next step is the discovery stage, where both your lawyer and the legal team of the defendant gather additional evidence to back their arguments. This may include depositions of witnesses, expert reports and other documentation. Depending on the outcome of the discovery, your case could settle out of court or go to trial.
How much can I expect to get in a lawsuit?
There isn't a standard settlement amount, as every case is different. Our legal team will fight to secure you an equitable settlement. We take into consideration all of your expenses, like treatment costs and lost income. We can also help prepare your taxes that could be a part of your settlement.
If properly treated, a number of cases of Erb's palsy could have been prevented. We will look into your case free of charge to see if there are grounds to file a suit.
Many birth injuries are the result of medical negligence, which means that a doctor or nurse made an error that adversely affected your child's health. These mistakes could include the incorrect use of forceps or vacuum devices, trying to deliver a baby with an abnormal size or position in the womb, and shoulder dystocia when delivering. Shoulder dystocia can be caused by excessive pulling or stretching of the baby's head and shoulders during the delivery process. Medical professionals are aware of these risks and they should be avoided. Contact us for a complimentary evaluation of your case when you suspect that medical negligence led to an injury to your child during labor and birth.