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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't vigilant they could stretch or tear the brachial plexus the birth. This type of injury is usually caused by medical malpractice, and can result in Erb's palsy among newborns. Compensation can help families pay medical bills and treatment. A lawsuit involving Erb's'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. The arm may become weak or inactive and the child might have difficulty using it. A physical therapist may be able help to improve the condition. In some cases surgery may be necessary to repair or replace damaged nerve fibers. Unfortunately 20 percent of Erb's Palsy children don't recover in any way. A medical professional could cause an injury to the Erb's palsy during a difficult birth if he or she uses excessive force or pulls on the baby's shoulders to assist the infant emerge from the birth canal. This is known as shoulder dystocia and can happen at any time during a delivery. However, it is more frequent when the baby is bigger than the average or is born in a breech position. To prevent complications To avoid complications, doctors must be aware of risk factors and follow certain protocols when delivering the baby. This is known as the standard of care, and failure to adhere to this standard could lead to serious injuries for the mother and child. If your child has suffered from an injury to the brachial area An attorney for Erb's palsy can help you file an action to recover financial compensation. The money will be used to pay for your child's treatment and to improve his or her quality of life. How do I start a lawsuit? Erb's Palsy is a frequent birth injury that is caused by medical negligence. This condition can damage the brachial plexus network of nerves that are located in the neck of the baby and shoulders. The condition can result in substantial physical and financial costs for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the totality of your child's injuries and the costs associated with them. Medical professionals are trained to spot the potential risk factors for shoulder dystocia during labor and delivery, and are able to prevent these injuries from occurring. A medical doctor or another professional could cause Erb's palsy if they fail to recognize that the delivery is becoming more complicated and if they take unnecessary steps to remove the baby. This could result in pulling on nerves. A doctor can also trigger Erb's palsy by not performing the Cesarean Section when it is obvious that your child would be difficult to deliver vaginally. If you suspect that medical malpractice caused your child's Erb palsy, you should contact a Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your lawyer will assist you in calculating the potential compensation amount and determining the future costs associated with the care of your child. Most cases are settled via settlements that provide faster and more comprehensive financial compensation than going to trial. What happens in a lawsuit? If your child's Erb's palsy was the result of medical negligence, your family deserves compensation. This will cover future treatment, therapy, and other expenses associated with your child's nerve damage. An Erb's Palsy lawsuit is a form of medical malpractice claim. Your lawyer will go through the birth records of your child to determine if the doctor acted in a negligent manner during the delivery process. They may also use medical experts to present evidence on your child's injury and the underlying causes. Erb's palsy can be caused by a healthcare professional pulling too hard on the infant to assist in the birth. This can result in injuries to the brachial plexus. This is a common problem with shoulder dystocia. The baby's shoulders can become stuck in a birth canal of a woman, causing excessive downward pressure. After your lawyer has gathered all the evidence necessary, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next stage is discovery, where your lawyer and the legal team of the defendant will collect additional evidence in support of their respective positions. This could include expert reports or depositions of witnesses, as well as other documents. Based on the outcomes of the investigation, your case is likely to settle out of court, or go to trial. What is the maximum amount I can expect to receive in a lawsuit? There is no average settlement amount, as every case is different. Our legal team will fight for you an acceptable settlement. We consider your expenses, which include treatment costs as well as any loss of income. We can also help prepare your taxes which could apply to your settlement. Many cases of Erb's Palsy could have been avoided with proper treatment. This is the reason we want to review your case free and see if you have grounds for a lawsuit. Many birth injuries result from medical negligence, which means a doctor or nurse made an error that adversely affected your child's health. These errors can include improper use of forceps and vacuum devices, attempting to deliver a baby with an abnormal size or position in the womb, and shoulder dystocia during delivery. The most common cause of shoulder dystocia can be traced to excessive stretching or pulling of the baby's shoulders and head during a difficult or prolonged delivery. These risks are well-known by medical experts and should be avoided. Contact erb's palsy attorneys newport beach for a no-cost analysis of your situation should you suspect that medical negligence caused injury to your child during labor or birth.