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 type of injury is usually caused by medical malpractice, and can result in Erb's palsy in newborns.
Compensation can aid families in paying medical bills and for treatment. A lawsuit for Erb's palsy may also cover emotional trauma.
What is Erb's palsy?
In Erb's palsy, a nerve network in the arms and neck (the brachial plexus) is damaged. The result is that the arm may be weak or inactive and the child may have difficulty using it. A physical therapist can aid in improving the condition. In some instances the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, however 20% of children with Erb's palsy do not recover to a significant degree.
erb's palsy law firm bloomington can be caused by medical professionals who pull or exerts excessive force on the shoulders of the baby to assist them to emerge from the birth canal. This is referred to as shoulder dystocia and it can occur in any delivery however it is more common when a baby is larger than average or born in a breech position.
To prevent complications To avoid complications, doctors should be aware of risk factors and adhere to certain protocols when giving birth to babies. This is known as the standard of care. Failure to follow this standard could result in serious injuries to mother and child.
A lawyer for Erb's Palsy can assist you in filing an action for monetary compensation when your child has suffered an injury to the brachial plexus. This money can be used to pay for the treatment of your child and help them enjoy the best quality of life.
How do I file a suit?
Erb's palsy is among the most frequent birth injuries that result from medical negligence. This condition can damage the network called brachial plexus of nerves in the baby's neck and shoulders. This condition can cause significant physical and financial burdens for your family. You should speak with a Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries.
Medical professionals are trained to recognize risk factors of shoulder dystocia during labor and delivery, and are able to prevent these injuries from happening. Sometimes a doctor or other medical professional may cause an injury to the Erb's palsy because they don't know that the process of delivery is becoming more complicated, and make unnecessary steps to pull the baby out of the womb, which can result in pulling too much on the nerve.
A doctor can also cause Erb's Palsy by not performing an Cesarean Section when it is obvious that your child would be difficult to deliver vaginally. If you think that medical malpractice was the cause of your child's Erb palsy, you must contact a Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your attorney will assist in calculating your potential compensation amount and also determining the future costs of the care of your child. Settlements are the most frequent method of settling cases. They offer a more complete financial compensation and are faster than going to trial.
What happens in a lawsuit?
Your family can claim compensation for medical negligence that caused your child's Erb palsy. This will cover future treatment, therapy and other expenses that come along with the nerve damage of your child.
An Erb's-Palsy lawsuit is a form of medical malpractice claim. Your lawyer will look over the birth records of your child to determine if a doctor acted negligently during the delivery process. They may also request experts in the field to testify about the injury and its cause.
Erb's palsy can be caused by a medical professional pulling too hard on the baby to help in the birth. This can lead to injuries to the brachialplexus. This is a common issue with shoulder dystocia. The baby's shoulders may become trapped in a birth canal, causing excessive downward pressure.
After your lawyer has obtained all the evidence needed to prove their case, they will file an action against the defendants. The defendants have 30 days to respond. The next step is the discovery phase, in which your lawyer as well as the legal team of the defendant will gather additional evidence to back their side of the story. This may include expert reports or depositions of witnesses, as well as other documentation. Depending on the results of the discovery, your case will likely end up in court, or go to trial.
How much can I expect to get in a lawsuit?
There is no average settlement amount, as every case is unique. However, the aim of our legal team is to secure an amount that is fair to you. We take into account your expenses, which include treatment costs as well as any loss of income. In addition, we can help you prepare for any taxes that may apply to your settlement.
With proper care, many cases of Erb’s palsy would be prevented. This is why we'd like to review your case for free to determine if we have a legal basis to sue.
Medical negligence is responsible for numerous birth injuries. This means that a doctor or a nurse made a mistake that negatively affected your child's well-being. These mistakes could include the incorrect use of forceps or vacuum devices, attempting to deliver a baby with an abnormal size or position in the womb, and shoulder dystocia during delivery. Shoulder dystocia is often caused by excessive pulling or stretching the baby's head and shoulders during the difficult delivery. Medical experts are aware of the risks and recommend they be avoided. If your child has suffered an injury as a result of medical negligence during labor or delivery, contact us to get a no-cost case evaluation.