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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors can stretch or tear the brachial muscles if they're not attentive during the delivery. This injury could result from medical malpractice, and can lead to Erb's palsy in newborns. Compensation can help families pay medical bills and treatment. A lawsuit for Erb's Palsy could 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 may find it difficult to use it. A physical therapist may be able assist in improving the condition. In certain cases, surgery may be required to repair or replace damaged nerve fibers. Unfortunately, however, 20 percent of children with Erb's syndrome do not recover to a significant degree. Erb's palsy can be caused by medical professionals who pull or exerts excessive force on the shoulders of the baby in order to help them get out of the birth canal. This is known as shoulder dystocia. It could happen in any birth. However, it is more common in cases where the baby is larger than normal or born in a breech position. To prevent complications To avoid complications, doctors must be aware of risk factors and adhere to certain guidelines when they deliver a baby. This is known as the standard of care and failure to adhere to this standard could result in serious injuries to the mother and the child. A lawyer for Erb's 'Palsy' can assist you in filing an action to obtain financial compensation if your child has suffered a brachial-plexus injury. The money will pay for the treatment of your child and allow them to enjoy an improved quality of life. How do I file suit? Erb's Palsy is a common birth injury caused by medical negligence. This condition damages the brachial system of nerves in the baby's neck and shoulders. This condition can result in significant physical and financial burdens for your family. erb's palsy attorney irving is important to collaborate with a Long Island Erb's palsy lawyer to determine the totality of your child's injuries as well as the costs that go along with them. Medical experts are trained to recognize shoulder dystocia risks during labor and delivery and should be able prevent these injuries. A physician or other medical professional can trigger Erb's Palsy when they aren't aware that the delivery is becoming complicated and if they take unnecessary steps to get the baby out. This could result in pulling on nerves. A doctor can also cause Erb's psy by failing to perform a Cesarean Section when it is obvious that your child will be difficult to deliver vaginally. If you believe that medical malpractice is the reason for your child's Erb palsy, it is recommended that you consult an Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your attorney will assist in calculating the possible compensation amount and will also determine the future costs of your child's medical care. Settlements are the most popular method of settling cases. They provide a greater financial settlement and are faster than a trial. What happens if you file a lawsuit? If your child's Erb's palsy was caused by medical negligence and your family is entitled to compensation. This compensation can cover future treatment, therapy as well as other costs that are associated with your child's nerve injury. An Erb's palsy lawsuit is a medical malpractice claim. Your lawyer will review the birth records of your child to determine if there was negligence on the part of the doctor during the birth. They can also engage medical experts to give testimony regarding the injury your child sustained and the causes. In many instances, Erb's palsy is the result of medical professionals pulling on the baby too hard to help in the birth. This can lead to traction injuries in the brachialplexus. This is a common problem with shoulder dystocia, in which a baby's shoulders become stuck in the birth canal and can result in excessive downward pressure on a woman's head and neck or shoulders. After your lawyer has gathered all the evidence necessary, they will file an action against the defendants. The defendants then have around 30 days to respond. The next step is the discovery phase, which is where your lawyer and the legal team representing the defendant will gather additional evidence to support their side of the story. This could include expert opinions or depositions of witnesses, as well as other documentation. Your case could 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 each case is unique. The goal of our legal team is to ensure a settlement that is fair to you. We take into account your expenses, which include treatment costs as well as any loss of income. Additionally, we will assist you in preparing any tax implications that might apply to your settlement. Many cases of Erb's palsy could have been prevented by taking proper care. That is why we want to examine your case for free and determine if you have grounds to sue. Many birth injuries are the result of medical negligence, which means an obstetrician or nurse made an error that negatively affected the health of your child. These errors can include improper use of forceps or other vacuum devices, trying to deliver a baby with an abnormal size or position in the womb, and shoulder dystocia in the delivery. Shoulder dystocia can be caused by excessive pulling or stretching the baby's neck and shoulders during an uneasy delivery. Medical experts are aware of these risks and suggest they be avoided. Contact us for a free analysis of your situation if you believe that medical negligence caused an injury to your child during labor and birth.