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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors may stretch or tear brachial plexus if not cautious during birth. This injury could be a result of medical malpractice, and can lead to Erb's palsy in infants. Compensation can help families pay for medical bills and treatments. A lawsuit involving Erb's's Palsy' could also 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. The arm may become weak or inactive and the child could find it difficult to use it. A physical therapist may be able assist in improving the condition. In some instances the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, 20% of children with Erb's Palsy do not recover in any way that is measurable. A medical professional could cause an Erb's palsy injury during a difficult delivery when he or she applies excessive force or pulls on the baby's shoulders to assist them emerge from the birth canal. This is called shoulder dystocia. It can occur in any delivery. However, it's more common when the infant is bigger than the average or is born breech. Doctors must be aware of the risk factors and adhere to specific protocols when delivering babies to avoid such complications. This is called the standard of care. Failure to follow this standard could lead to severe injuries to both mother and child. If your child has suffered from an injury to the brachial nerve An attorney from Erb's Palsy can help you file an action to recover financial compensation. This money can help pay for the treatment of your child and give him or her better quality of life. How do I file a suit? Erb's Palsy is one of the most frequent birth injuries that result from medical negligence. This condition damages the brachial system of nerves in the baby's neck and shoulders. This condition can cause significant financial and physical expenses for your family. It is recommended to consult an Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries. Medical professionals are trained to recognize shoulder dystocia risk factors during labor and birth, and are able to prevent these injuries from occurring. Sometimes, a doctor or medical professional may cause an injury known as Erb's-Plassy because they don't know that a delivery is getting more complicated and are not taking the proper steps to get the baby out of the womb which can result in pulling too hard on nerves. A doctor can also cause an injury to the nerve of Erb's Palsy because they don't decide to perform the 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 consult an Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your attorney will assist you in calculating the compensation amount and also determining the future costs of your child's medical care. Most cases are settled through settlements that provide faster and more comprehensive financial compensation than taking the case to trial. What happens if you are sued? Your family is entitled to compensation if medical negligence led to your child's Erb palsy. This compensation could cover future therapy, treatment and other expenses that come along with your child's nerve damage. An Erb's-Palsy lawsuit is a kind of medical malpractice claim. Your lawyer will review the birth records of your child and determine if a physician acted negligently during the delivery process. They may also use medical experts to testify regarding the injury your child sustained and the underlying causes. In many cases, Erb's palsy is caused by a medical professional pulling on the baby too hard to help in the birth. This can result in injuries to the brachialplexus. This is a typical problem with shoulder dystocia. The baby's shoulders may become stuck in the birth canal, causing excessive downward pressure. After your lawyer has gathered all the evidence necessary and has filed an action against the defendants. The defendants have 30 days to respond. The next phase 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 may include depositions of witnesses, expert reports, and other evidence. Depending on the outcome of the discovery, your case will likely be settled out of court or go to trial. What is the maximum amount I can expect to receive in a lawsuit? erb's palsy law firm lakeland is different and therefore there is no standard amount for settlement. Our legal team will fight for you an acceptable settlement. We consider your expenses, including treatment costs and any loss of income. We can also help prepare your taxes that might apply to your settlement. Many cases of Erb's Palsy could have been prevented with proper treatment. That is why we want to examine your case for no cost and determine if you have a legal basis to sue. Many birth injuries are the result of medical negligence, which means an obstetrician 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 when trying to deliver a child with an abnormal shape or position in the womb, and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's head and shoulders during an uneasy delivery. Medical experts are aware of these risks and suggest they be avoided. If your child has suffered an injury due to medical negligence during labor or birth, please contact us for a no-cost case evaluation.