Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
When doctors aren't careful they could stretch or tear the brachial nerve during the birth. This injury could be the result of medical malpractice and can cause Erb's palsy in infants.
Compensation can aid families in paying medical bills and treatment. An Erb's palsy suit could also provide compensation for emotional trauma.
What is Erb’s palsy?
In the case of Erb's palsy there is a nerve system in the arms and neck (the brachial plexus) is damaged. This means that the arm could be weak or inactive, and the child may have difficulty using it. A physical therapist can aid in improving the condition. In some cases, surgery may be required to repair or replace damaged nerve fibers. However, 20 percent of children who suffer from Erb's Palsy do not recover to a significant degree.
Erb's Palsy can be caused by a medical professional who pulls or uses excessive force on the shoulders of the baby in order to help them to emerge from the birth canal. This is called shoulder dystocia and can happen at any time during a delivery. However, it's more common when the baby is bigger than normal or born with a breech birth.
To prevent complications Doctors must be aware of risk factors and follow certain guidelines when delivering a baby. This is known as the standard of care, and the non-observance of this standard can result in serious injuries for the mother and the child.
An attorney for Erb's palsy can help you file an action to get an amount of money if your child has suffered an injury to the brachial plexus. The money will be used to pay for your child’s treatment and increase the quality of his or her life.
How do I file a lawsuit?
Erb's Palsy is among the most commonly occurring birth injuries that result from medical malpractice. The condition causes damage to the network called brachial plexus of nerves in the baby's neck and shoulders. This condition can cause significant financial and physical costs for your family. It is advisable to speak with an Long Island Erb’s palsy attorney to determine the full extent and costs of your child's injuries.
Medical professionals are trained to spot the potential risk factors for shoulder dystocia during labor and delivery, and must be able to stop these injuries from occurring. A physician or other medical professional could cause Erb's palsy if they fail to recognize that the delivery is getting complicated and take the wrong steps to help the baby get out. This could result in pulling on a nerve.
A doctor can also cause an injury to the nerve of Erb's Palsy due to the fact that they fail to perform the Cesarean section when it is obvious that your child is likely to be difficult to deliver vaginally. If you think that medical malpractice is the reason for your child's Erb palsy, seek out an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will assist you in calculating the compensation amount and will also determine the future costs of your child's medical care. Settlements are the most common way to settle cases. They offer a greater financial settlement and are quicker than a trial.
What happens during a lawsuit?
If your child's Erb's palsy was the result of negligence on the part of a medical professional, your family deserves compensation. This can help to cover the cost of future treatments, therapy and other expenses related to your child's nerve damage.
A medical malpractice lawsuit for Erb's psy is one type of Erb's psy. Your lawyer will review the birth records of your child to determine whether there was negligence on the part of the doctor during the birth. They may also call in experts in the field to testify about the injuries and their causes.
In many cases, Erb's paralysis is the result of medical professionals pulling the baby too hard to help with the birth. This can cause traction injuries in the brachialplexus. This is a frequent issue during shoulder dystocia, where a baby's shoulders become stuck in the birth canal. This can lead to excessive downward pressure on a woman's head, neck or shoulders.
Once your lawyer has gathered the evidence they require and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants have about 30 days to respond. The next step is the discovery stage, which is where your lawyer and the legal team of the defendant gather additional evidence to back their arguments. This could include depositions of witnesses, expert reports and other documents. Your case could be settled out of court or go to trial depending on the outcome of your discovery.
How much can I expect to get in a lawsuit?
Every case is unique Therefore, there isn't a standard amount for settlement. But, the goal of our legal team is to ensure an amount that compensates you fairly. We will consider all of your expenses including treatment costs, and lost income. In addition, we can help you prepare for any taxes that may be applicable to your settlement.
erb's palsy law firm amarillo of Erb's Palsy could have been avoided by taking proper care. We will review your case free of charge to see if there are grounds for a lawsuit.
Many birth injuries result from medical negligence, which means that the doctor or nurse committed an error that negatively impacted the health of your child. These errors can include improper use of forceps and vacuum devices, or attempting to deliver a baby with an unusual size or position in the womb, and shoulder dystocia in the delivery. Shoulder dystocia can be caused by excessive pulling or stretching the infant's shoulders and head during an uneasy delivery. Medical experts are aware of these risks and recommend they be avoided. If your child has suffered an injury as a result of medical negligence during labor and birth, please contact us for an assessment of your case at no cost.