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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't cautious they can stretch or tear the brachial plexus during delivery. This type of injury is usually caused by medical malpractice, and can lead to Erb's Palsy in newborns. Compensation can aid families in paying medical bills and treatments. A lawsuit for the condition Erb's Palsy may also cover emotional trauma. What is Erb's palsy? In the case of Erb's palsy the nerve system of the arms and neck (the brachial plexus) is damaged. The arm can become weak or inactive, and the child may be unable to use it. A physical therapist might be able to help improve the condition. In certain cases surgery may be necessary to repair or replace damaged nerve fibers. Unfortunately 20 percent of the Erb's-Pasy children don't recover in any way. Erb's psy may be caused by medical professionals who pull or applies excessive force to the shoulders of the baby to help them get out of the birth canal. This is referred to as shoulder dystocia and it can happen in any delivery, but it's particularly common when a baby is larger than average or was born in a breech position. Doctors must be aware of the risk factors and adhere to specific protocols when giving birth to prevent such complications. This is called the standard of care. Infractions to this standard can result in serious injuries to mother and child. A lawyer for Erb's Palsy can help you file an action to obtain financial compensation for your child who has suffered an injury to the brachial-plexus. This money can be used to pay for your child’s treatment and increase the quality of his or her life. How do I file suit? Erb's palsy is a common birth injury caused by medical negligence. This condition can damage the brachial system of nerves situated in the neck of the baby and shoulders. This can lead to significant financial and physical burdens for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the totality and costs of your child's injuries. Medical professionals are trained to spot risk factors of shoulder dystocia during labor and delivery and they are able to prevent these injuries from occurring. Sometimes, a doctor or another medical professional could cause an injury to the Erb's palsy because they don't know that a delivery is becoming complicated and make unnecessary steps to pull the baby out of the womb which can lead to pulling too much on the nerve. A doctor may also cause Erb's Palsy by not performing the Cesarean Section when it is obvious that your child will be difficult to deliver vaginally. If you suspect that your child's Erb's palsy was caused by medical malpractice and you want to work with an Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. Your attorney will assist in calculating the potential compensation amount and also determining the future costs of the care of your child. Settlements are the most frequent way to settle cases. They provide a more comprehensive financial compensation and faster than going to trial. What happens in a lawsuit? If your child's Erb's Palsy was caused by negligence on the part of a medical professional Your family is entitled to compensation. This will help pay the cost of treatment in the future therapies, as well as other expenses associated with your child's nerve injury. An Erb's-Palsy lawsuit is a kind of medical malpractice claim. Your lawyer will review the birth records of your child to determine whether there was negligence on the part of an individual doctor during the delivery. They can also engage medical experts to provide testimony on the child's injuries and the reasons for it. In many instances, Erb's palsy is caused by medical professionals pulling on the baby too hard to help with the birth. This can result in injury to the brachial plexus. This is a common problem during shoulder dystocia, where babies' shoulders are stuck in the birth canal. This could cause excessive downward pressure on a woman's head neck or shoulders. After your lawyer has obtained all the evidence needed and has filed a lawsuit against the defendants. The defendants have 30 days to respond. The next step is discovery, during which your lawyer and the legal team of the defendant will gather additional evidence in support of their respective positions. This could include depositions of witnesses, expert reports and other documentation. Your case could settle out of court or go to trial depending on the outcome of your discovery. What is the maximum amount I can expect to win in a lawsuit should I win? There isn't a standard settlement amount because each case is unique. The goal of our legal team is to fight for a settlement which compensates you fairly. We will consider all your expenses like treatment costs and lost income. erb's palsy lawsuit anchorage can also prepare you for any taxes that could be a part of your settlement. If properly treated, a number of cases of Erb's syndrome could have been avoided. This is why we would like to examine your case for no cost and determine if you have grounds for a lawsuit. Medical negligence is responsible for many birth injuries. This means that a doctor or nurse made a mistake that negatively affected the health of your child. These errors can be traced to the improper use of forceps or vacuum devices in the process of delivering children with an unusual position or size in the womb, and shoulder dystocia. Shoulder dystocia can be 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 recommend they be avoided. If your child sustained an injury as a result of medical negligence during labor and delivery, contact us for an assessment of your case at no cost.