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 the birth. This type of injury is usually caused by medical malpractice, and can cause Erb's Palsy in newborns.
Compensation can help families pay medical bills and treatments. A lawsuit involving Erb's palsy could also help with emotional trauma.
What is Erb's palsy?
In Erb's Palsy the brachial plexus (a network of nerves that runs through the neck and arms) is damaged. In the result, the arm could be weak or inactive and the child may be unable to use it. A physical therapist can aid in improving the condition. In some instances it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately 20 percent of the Erb's-Pasy children are not able to recover in any way.
Erb's palsy can be caused by a medical professional who pulls or exerts excessive force on the shoulders of the baby to assist them emerge from the birth canal. This is called shoulder dystocia and can happen in any birth. However, it's more frequent when the baby is bigger than average or born breech.
Doctors need to be aware of the risk factors and adhere to specific protocols when they deliver babies to prevent such complications. This is called the standard of care and the failure to follow this standard could result in serious injuries for the mother and the child.
If your child has suffered an injury to the brachial plexus An attorney from 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 the quality of life.
How do I file suit?
erb's palsy lawyer boise city is among the most commonly occurring birth injuries caused by medical malpractice. This condition damages the brachial plexus network of nerves in the baby's neck and shoulders. This condition can have substantial physical and financial costs for your family. It is advisable to speak with a Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries.
Medical professionals are trained to recognize shoulder dystocia risks during labor and delivery and should be able to avoid these injuries. Sometimes a doctor or other medical professional may cause an injury known as Erb's-Plassy because they do not realize that a delivery is becoming more complicated, and make unnecessary steps to pull the baby out of the womb, which could result in pulling too hard on a nerve.
A doctor may also cause Erb's palsy by not performing a Cesarean Section when it is clear that your child would 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 a Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. The lawyer will assist you in calculating your potential compensation amount and also determining the future costs of your child's care. Settlements are the most popular way to settle cases. They provide more comprehensive financial compensation and faster than a trial.
What happens if you file a lawsuit?
Your family can claim compensation in the event of medical negligence that led to your child's Erb palsy. This compensation can cover future treatment, therapy and other expenses that come along with your child's nerve damage.
An Erb's Palsy lawsuit is a medical malpractice claim. Your lawyer will review your child's birth records and determine if a doctor was in a negligent way during the delivery process. They may also ask experts from the medical field to provide evidence on the injuries and their causes.
Erb's Palsy can be caused by a healthcare professional pulling too hard on the baby in order to assist with the birth. This can lead to traction injuries in the brachialplexus. This is a typical problem during shoulder dystocia. The shoulders of the newborn can become stuck in the woman's birth canal, causing excessive downward pressure.
After your lawyer has gathered all the evidence necessary for the case, they'll file an action against the defendants. The defendants have around 30 days to respond. The next step is discovery. During this time, your lawyer and the legal team of the defendant will gather additional evidence to support their respective positions. This can include depositions of witnesses, expert reports and other evidence. Based on the outcome of the discovery, your case may settle out of court or go to trial.
What amount can I expect to get in a lawsuit?
There is no standard settlement amount as each case is unique. But, the goal of our legal team is to secure a settlement that compensates you fairly. We consider all your expenses including treatment costs, and lost income. Additionally, we will also help you prepare for any taxes that could apply to your settlement.
With proper care, many cases of Erb's Palsy could have been avoided. This is why we'd like to review your case free and see if you have grounds to sue.
Many birth injuries are the result of medical negligence. This means an obstetrician or nurse made an error that negatively affected the health of your child. These mistakes can be caused by the 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 birth. Most of the time, the cause for shoulder dystocia can be traced to excessive stretching or pulling of the baby's shoulders and head during a long or difficult delivery. These risks are recognized by medical professionals and should be avoided. Contact us for a complimentary analysis of your situation in the event that you believe medical negligence led to an injury to your child during labor and birth.