Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors can stretch or tear brachial plexus if they are not attentive during the delivery. This type of injury is usually caused by medical malpractice and can cause Erb's Palsy in newborns.
Compensation can help families pay medical bills and treatments. A lawsuit for Erb's Palsy could also cover emotional trauma.
What is Erb's palsy?
In Erb's Palsy the brachial plexus (a network of nerves in the neck and arms) is damaged. The arm could become weak or inactive and the child could struggle to use it. A physical therapist can help to improve the condition. In some instances it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately 20 percent of Erb's palsy children are not able to recover in any way.
Erb's psy may be caused by medical professionals who pull or puts excessive pressure on the shoulders of the baby to help them to emerge from the birth canal. This is referred to as shoulder dystocia and it can occur during any delivery, but it's particularly common when a baby is larger than average or is born breech.
To avoid complications, doctors must be aware of risk factors and follow certain guidelines when they deliver the baby. This is called the standard of care. Infractions to this standard could result in serious injuries to both mother and child.
A lawyer from Erb's Palsy can assist you in filing an action to obtain financial compensation for your child who has suffered an injury to the brachial plexus. This money can pay for the treatment of your child and help them enjoy the best quality of life.
How do I file suit?
Erb's Palsy is a common birth injury that is caused by medical negligence. The condition causes damage to the brachial system of nerves that are located in the neck of the baby and shoulders. The condition can cause significant physical and financial costs for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the complete extent of your child's injuries as well as the expenses associated with them.
Medical professionals are trained to recognize shoulder dystocia risks during labor and delivery and should be able to avoid these injuries. A physician or other medical professional could trigger Erb's - Palsy if they don't realize that the delivery is getting complicated and take the wrong steps to remove the baby. This could lead to pulling on a nerve.
A doctor can also trigger Erb's palsy by not performing a Cesarean Section when it is clear that your child is difficult to deliver vaginally. If you think that medical malpractice caused your child's Erb palsy, seek out an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your lawyer will help you determine the cost of your child's treatment, and calculate your possible compensation amount. Settlements are the most commonly used method of settling cases. They offer more complete financial compensation and are quicker than a trial.
What happens in a lawsuit?
Your family may be entitled to compensation if medical negligence led to your child's Erb palsy. This compensation could cover future treatment, therapy and other costs associated with the nerve damage of your child.
A medical malpractice lawsuit for Erb's psy is a form of Erb's palsy. erb's palsy law firm lynwood will examine the birth records of your child and determine if a doctor was negligently during the delivery process. They could also employ medical experts to provide testimony on the injuries your child sustained and the underlying causes.
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 trauma to the brachial plexus. This is a typical problem during shoulder dystocia. the baby's shoulders get stuck in the birth canal and can lead to excessive downward pressure on a woman's head, neck or shoulders.
Once your lawyer has collected the evidence they require and documents, they will file your lawsuit against the defendants. The defendants have 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 prove their side of the story. This could include expert reports or depositions of witnesses, as well as other documentation. Your case may settle out of court or go to trial depending on the outcome of your discovery.
What amount can I expect to receive in a lawsuit?
There is no average settlement amount, as every case is unique. But, the objective of our legal team is to ensure a settlement that is fair to you. We consider all of your expenses such as treatment costs and lost income. We also assist in preparing you for any taxes that might apply to your settlement.
With proper care, many cases of Erb's palsy could have been prevented. We will look into your case at no cost to determine if there are grounds to file a suit.
Medical negligence is the cause of numerous birth injuries. This means that a doctor or a nurse made a mistake which negatively affected your child's health. These mistakes could include the incorrect use of forceps and vacuum devices, attempting to deliver a baby that has an unusual size or position in the womb and shoulder dystocia during delivery. Most of the time, the cause for shoulder dystocia is due to excessive stretching or pulling of the baby's shoulders and head during a long or difficult delivery. Medical experts are aware of the risks and they should be avoided. If your child suffered an injury due to medical negligence during labor and birth, contact us for an assessment of your case at no cost.