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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't cautious, they can stretch or tear the brachial muscle during the birth. This injury is often caused by medical negligence, and can cause Erb's Palsy in newborns. Compensation can help families pay medical bills and also for treatment. A lawsuit for Erb's Palsy may also cover emotional trauma. What is Erb's palsy? In Erb's palsy the nerve system of the arms and neck (the brachial plexus) is damaged. The arm may become weak or inactive and the child might struggle to use it. A physical therapist may help improve the condition. In some instances the need for surgery is to repair or replace damaged nerve fibers. However, 20 percent of children with Erb's Palsy do not recover to a significant degree. A medical professional could cause an Erb's-Palsy injury during a difficult birth if he or she uses excessive force or pulls on the baby's shoulders to assist the baby emerge from the birth canal. This is called shoulder dystocia. It can happen in any delivery. However, it's more common when the infant is bigger than the average or is born with a breech birth. Doctors should be aware of the risk factors and follow specific protocols when they deliver babies to avoid such complications. This is called the standard of care. Infractions to this standard could result in severe injuries to both mother and child. If your child has suffered an injury to the brachial area, an Erb's palsy lawyer can assist you in filing a lawsuit for monetary compensation. The money will be used to pay for your child's treatment and enhance his or her quality of life. How do I file a suit? Erb's Palsy is one of the most frequent birth injuries caused by medical malpractice. This condition damages the brachial plexus network of nerves in the baby's neck and shoulders. This condition can result in substantial financial and physical costs for your family. It is crucial to work with an Long Island Erb's palsy lawyer to determine the totality of your child's injuries as well as the cost associated with them. Medical experts are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able to prevent these injuries. Sometimes, a doctor or medical professional could cause an injury to the Erb's palsy because they do not realize that the process of delivery is getting more complicated and make unnecessary steps to pull the baby out of the womb which can lead to pulling too hard on the nerve. A doctor may also cause an Erb's palsy nerve injury since they may not choose to perform a Cesarean section when it is evident that your child is likely to be difficult to deliver vaginally. If you suspect that medical malpractice is the reason for your child's Erb palsy, consult a Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your lawyer will assist you to determine the cost for the future of your child's treatment, and calculate your potential compensation amount. 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 Erb's paralysis was the result of negligence in the medical field, your family deserves compensation. This can help cover the cost of future treatments or therapy as well as other costs associated with your child's nerve damage. An Erb's palsy lawsuit is a medical malpractice claim. Your lawyer will review the birth records of your child to determine if a physician acted in a negligent manner during the delivery process. They may also use medical experts to present evidence regarding the injury your child sustained and the underlying causes. Erb's palsy can be caused by a health professional pulling too hard on the baby in order to assist in the birth. This can result in injury to the brachial plexus. This is a common issue 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 gathered the evidence needed, they will file your lawsuit against the defendants. The defendants then have about 30 days to respond. The next step is the discovery phase, where both your lawyer and the legal team of the defendant collect additional evidence to support their respective sides of the argument. This could include depositions of witnesses, expert reports, and other documentation. erb's palsy attorney pueblo could settle out of court or go to trial based on the outcome of your discovery. How much can I expect to get in a lawsuit, if I win? There is no average settlement amount, since each case is unique. Our legal team will fight for you an acceptable settlement. We take into account your expenses, including the cost of treatment and any loss of income. We also assist in preparing your taxes which could apply to your settlement. Many cases of Erb's Palsy could have been prevented with proper care. This is why we'd like to examine your case for free and determine if you 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 negatively affected your child's well-being. These mistakes could include the incorrect use of forceps or vacuum devices, attempting to deliver a baby that has an abnormal size or position in the womb and shoulder dystocia during delivery. Shoulder dystocia can be caused by excessive pulling or stretching the baby's head and shoulders during a difficult delivery. Medical experts are aware of these risks and suggest they be avoided. If your child has suffered an injury as a result of medical negligence during labor or delivery, contact us for a free case evaluation.