Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
If doctors aren't cautious they could stretch or tear the brachial plexus during delivery. This injury could be a result of medical malpractice, and can lead to Erb's palsy in infants.
Compensation can assist families with medical bills and treatments. A lawsuit for Erb's palsy could also cover emotional trauma.
What is Erb's palsy?
In Erb's syndrome, the brachial plexus (a network of nerves located in the neck and arms) is damaged. In the result, the arm may be weak or inactive, and the child may have difficulty using it. A physical therapist may be able help to improve the condition. In some cases the need for surgery is to repair or replace damaged nerve fibers. Unfortunately 20% of Erb's Palsy children are not able to recover in any way.
Erb's Palsy is often caused by a medical professional who pulls or exerts excessive force on the shoulders of the baby in order to help them get out of the birth canal. This is known as shoulder dystocia. It can occur in any birth. However, it is more frequent when the baby is bigger than the average or is born in a breech position.
Doctors need to be aware of the risk factors and follow specific protocols when giving birth to prevent such complications. erb's palsy attorneys manchester is known as the standard of care, and the non-observance of this standard can lead to serious injuries for the mother and the child.
A lawyer for Erb's Palsy can help you file an action to obtain monetary compensation when your child has suffered an injury to the brachial-plexus. This money can help pay for your child's treatment and give him or her the best quality of life.
How do I file a lawsuit?
Erb's syndrome is a common type of birth injury that is caused by medical negligence. This condition damages the network called brachial plexus of nerves in the neck of the baby and shoulders. The condition can result in significant financial and physical 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 birth and should be able to avoid these injuries. Sometimes, a doctor or another medical professional could trigger an Erb's palsy injury because they don't know that a birth is getting more complicated and make unnecessary steps to pull the baby out of the womb, which could result in pulling too heavily on a nerve.
A doctor can also trigger an injury to the nerve of Erb's Palsy since they may not choose to perform a Cesarean section in the event that it is obvious your child is likely to be difficult to deliver vaginally. If you think your child's Erb's palsy was caused by medical malpractice it is recommended that you work with an Long Island Erb's Palsy Lawyer to submit a claim against responsible parties. Your attorney will assist in calculating the potential compensation amount and also determining the future costs associated with the care of your child. Most cases are settled via settlements that provide faster and more comprehensive financial compensation than taking the case to trial.
What happens in a lawsuit?
If your child's Erb's Palsy was the result of negligence in the medical field Your family is entitled to compensation. This will help pay the cost of future treatments as well as therapy, and other costs that are related to your child's neuro damage.
A medical malpractice lawsuit for Erb's psy is a type of Erb's Palsy. Your lawyer will review the birth records of your child to determine if a doctor was negligently during the birth process. They may also call in experts in the field to testify about the cause of the injury and how it occurred.
Erb's palsy is often caused by a medical worker pulling too hard on the infant to assist during the birth. This can lead to injuries to the brachial plexus. This is a frequent issue with shoulder dystocia. The shoulders of the baby can become stuck in a birth canal, causing excessive downward pressure.
Once your lawyer has gathered the evidence they require after which they file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery process, which is where your lawyer and the defendant's legal team will collect additional evidence to support their arguments. This can include depositions of witnesses, expert reports and other evidence. Your case could settle out of court or go to trial depending on the outcome of your discovery.
How much money can I expect to get in a lawsuit, if I win?
There is no standard settlement amount, as every case is different. However, the aim of our legal team is to ensure a settlement that compensates you in a fair manner. We take into consideration all your expenses, like treatment costs and lost income. We can also help prepare you for any taxes which could apply to your settlement.
If you had taken care of yourself, a lot of cases of Erb’s palsy would have been prevented. That is why we want to review your case free to determine if we are able to file a lawsuit.
Medical negligence is responsible for many birth injuries. This means that a doctor or a nurse made a mistake that adversely affected your child's health. These errors can include improper use of forceps and vacuum devices, trying to deliver a baby that has an unusual size or position in the womb and shoulder dystocia during birth. Often, the cause of shoulder dystocia is caused by excessive pulling or stretching of the baby's shoulders and head during a prolonged or difficult delivery. Medical experts are aware of the risks and they should be avoided. If your child sustained an injury as a result of medical negligence during labor or delivery, contact us to get a no-cost case evaluation.