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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors don't take care they could stretch or tear the brachial nerve during the birth. This injury can result from medical negligence and may 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 the case of Erb's paralysis the nerve network of the arms and neck (the brachial plexus) is damaged. In the result, the arm might be weak or inactive, and the child may be unable to use it. A physical therapist can help to improve the condition. In some instances it is possible to undergo surgery to restore or replace damaged nerve fibers. Unfortunately, 20 percent of children who suffer from Erb's palsy do not recover in any way that is measurable. Erb's Palsy is often caused by a medical professional who pulls or uses excessive force on the shoulders of the baby to help them emerge from the birth canal. This is known as shoulder dystocia and can happen in any delivery. However, it's more common in cases where the baby is larger than average or born with a breech birth. Doctors should be aware of the risk factors and follow specific protocols when delivering babies to prevent such complications. erb's palsy lawsuit palm coast is called the standard of care. Failure to follow this standard could lead to serious injuries to the mother and child. A lawyer for Erb's Palsy can assist you in filing an action to get the amount of money you owe for your child who has suffered a brachial-plexus injury. The money will be used to pay for your child's treatment and enhance the quality of their life. How do I make a claim? Erb's palsy is a very common type of birth injury that is caused by medical negligence. The condition causes damage to the network called brachial plexus of nerves situated in the neck of the baby and shoulders. This condition can have substantial physical and financial costs for your family. It is essential to work with a Long Island Erb's palsy lawyer to determine the complete extent of your child's injuries and the costs associated with them. Medical professionals are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able prevent these injuries. A doctor or other medical professional could trigger Erb's – Palsy when they aren't aware that the delivery is getting complicated and they take insufficient measures to get the baby out. This could result in pulling on nerves. A doctor can also cause an injury to the nerve of Erb's Palsy because they don't decide to perform an Cesarean section in the event that it is obvious your child is likely to be difficult to deliver vaginally. If you believe that your child's Erb's palsy was a result of medical malpractice, you should work with a Long Island Erb's Palsy Lawyer to submit a claim against responsible parties. Your lawyer will help you determine the cost for the future of your child's treatment, and calculate your possible compensation amount. Settlements are the most popular method of settling cases. They offer more complete financial compensation, and faster than a trial. What happens during a lawsuit? Your family members are entitled to compensation in the event of medical negligence that led to your child's Erb palsy. This can help to cover the cost of future treatment as well as therapy, and other costs associated with your child's nerve injury. An Erb's Palsy lawsuit is a medical malpractice claim. Your lawyer will review your child's birth records and determine if a doctor acted in a negligent manner during the delivery process. They may also ask experts from the medical field to testify on the injury and its cause. In many instances, Erb's palsy is caused by a medical professional pulling on the baby too hard to assist in the birth. This can result in traction injuries in the brachialplexus. This is a frequent issue during shoulder dystocia, where a baby's shoulders become stuck in the birth canal and can lead to excessive downward pressure on the head of a woman's neck or shoulders. After your lawyer has collected all the evidence required, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next stage is discovery. During this time, your lawyer and the legal team of the defendant will collect additional evidence in support of their respective sides. This could include depositions or depositions of witnesses, expert reports, and other documents. Depending on the outcome of the discovery your case is likely to end up in court, or go to trial. What is the maximum amount I can expect to receive in a lawsuit, if I win? There is no standard settlement amount, as every case is unique. The goal of our legal team is to ensure an amount that is fair to you. We will consider all your expenses including treatment costs, and lost income. We can also help prepare you for any taxes that might apply to your settlement. Many cases of Erb's palsy could have been avoided by taking proper care. That is why we want to review your case no cost and determine if you have grounds to sue. Medical negligence is the cause of numerous birth injuries. This means that a doctor or a nurse committed a mistake that negatively affected your child's well-being. These errors may include the improper use of vacuum devices or forceps in the attempt to deliver the child in an abnormal size or position in the womb, and shoulder dystocia. Shoulder dystocia can be caused by excessive pulling or stretching of the infant's shoulders and head during the difficult delivery. Medical professionals are aware of these risks and recommend they be avoided. If your child suffered an injury as a result of medical negligence during labor and delivery, contact us for an assessment of your case at no cost.