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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't cautious they may stretch or tear the brachial plexus during the birth. This injury can be a result of medical malpractice, and can lead to Erb's palsy in infants. Compensation can help families pay medical bills and for treatment. A lawsuit involving Erb's palsy could also be able to 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. This means that the arm may be weak or inactive, and the child may be unable to use it. A physical therapist may be able assist in improving the condition. In some instances surgery may be required to repair or replace the affected nerve fibers. Unfortunately, however 20 percent of children with Erb's palsy do not recover to any measurable degree. erb's palsy attorney garden grove can be caused by medical professionals who pull or uses excessive force on the shoulders of the baby to help them get out of the birth canal. This is known as shoulder dystocia, and it can occur in any delivery, but it's particularly common when a child is larger than average or was born with a breech birth. Doctors should 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 a failure to adhere to this standard can lead to serious injuries for the mother and baby. If your child has suffered from an injury to the brachial plexus An Erb's palsy lawyer can help you file an action for financial compensation. This money can be used to pay for your child’s treatment and improve the quality of life. How do I do I file a lawsuit? Erb's syndrome is a frequent birth injury that is caused by medical negligence. This condition damages the brachial system of nerves that are located in the neck of the baby and shoulders. This condition can have major physical and financial consequences for your family. It is important to work with a Long Island Erb's palsy lawyer to determine the extent of your child's injuries as well as the costs associated with them. Medical professionals are trained to spot the potential risk factors for shoulder dystocia during labor and birth, and are able to prevent these injuries from happening. Sometimes, a doctor or medical professional could trigger an Erb's palsy injury because they do not realize that a birth is becoming complicated and make unnecessary steps to pull the baby out of the womb which can lead to pulling too hard on nerves. A doctor can also cause Erb's Palsy if they do not perform a Cesarean Section when it is obvious that your child will be difficult to deliver vaginally. If you suspect that medical malpractice is the reason for your child's Erb palsy, it is recommended that you contact a Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will help determine the cost of your child's treatment and calculate your potential compensation amount. The majority of cases are settled by settlements, which provide faster and more comprehensive financial compensation than taking the case to trial. What happens in the event of a lawsuit? Your family is entitled to compensation in the event of medical negligence that led to your child's Erb palsy. This will cover future therapy, treatment and other expenses that come along with the nerve damage of your child. An Erb's palsy suit is a kind of medical malpractice claim. Your lawyer will go through the birth records of your child and determine if a physician acted in a negligent manner during the delivery process. They may also call in experts from the medical field to provide evidence on the injury and its cause. In many cases, Erb's palsy is the result of a medical professional pulling on the baby too hard to assist with the birth. This can result in injuries to the brachialplexus. This is a frequent issue during shoulder dystocia. The shoulders of the newborn can become stuck in a birth canal, causing excessive downward pressure. After your lawyer has gathered all the evidence necessary to prove their case, they will file an action against the defendants. The defendants will then have around 30 days to respond. The next step is discovery, where your lawyer and the legal team of the defendant will collect additional evidence to support their respective positions. This may include expert reports or depositions of witnesses, as well as other documentation. Based on the outcomes of the investigation, your case may be settled out of court or go to trial. How much can I anticipate to win in a lawsuit if I win? Every case is unique and therefore there is no standard amount for settlement. Our legal team will fight to get you an appropriate settlement. We take into account your expenses, including the cost of treatment and any loss of income. We also assist in preparing your taxes that might apply to your settlement. If you had taken care of yourself, a lot of cases of Erb's syndrome could have been prevented. We will look into your case free of charge to determine if there's grounds to file a suit. Many birth injuries result from medical negligence, which means that a doctor or nurse made an error that negatively impacted your child's health. These errors can be traced to the improper use of vacuum devices or forceps, trying to deliver a child with an unusual position or size in the womb and shoulder dystocia. Shoulder dystocia can be caused by excessive pulling or stretching the baby's neck and shoulders during an uneasy delivery. These risks are well-known by medical experts and should be avoided. Contact us today for a free analysis of your situation in the event that you believe medical negligence caused an injury to your child during labor and birth.