erb's palsy attorney Palsy Lawsuit - How to File an
erb's palsy lawsuits Palsy Lawsuit
When doctors aren't careful they may stretch or tear the brachial nerve during the birth. This type of injury is usually caused by medical malpractice and can result in Erb's Palsy in newborns.
Compensation can aid families in paying medical bills and treatments. A lawsuit for Erb's Palsy may 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 might be unable to use it. A physical therapist can help to improve the condition. In certain cases surgical procedures can be done to to repair or replace the affected nerve fibers. Unfortunately 20 percent of the Erb's-Pasy children do not recover in any way.
A medical professional can cause an injury to the Erb's palsy during a difficult delivery when he or she applies excessive force or pulls on the infant's shoulders to assist the baby emerge from the birth canal. This is known as shoulder dystocia, and it can occur in any birth however it's more frequent when a baby is heavier than average or has been born in a breech position.
Doctors need to be aware of the risk factors and follow specific protocols when giving birth to avoid complications. This is known as the standard of care. Infractions to this standard can result in serious injuries to both mother and child.
If your child has suffered from a brachial plexus injury An Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can help pay for your child's treatment and help them enjoy better quality of life.
How do I file suit?
Erb's palsy is among the most commonly occurring birth injuries caused by medical malpractice. The condition causes damage to the brachial system of nerves that are located in the baby's neck and shoulders. This can lead to significant financial and physical expenses for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the totality and cost of your child's injuries.
Medical professionals are trained to recognize shoulder dystocia risk factors during labor and delivery and should be able prevent these injuries. Sometimes a doctor or other medical professional can cause an Erb's palsy injury because they do not realize that a birth becomes more complicated and they take unnecessary steps to get the baby out of the womb, which could result in pulling too much on a nerve.
A doctor could also cause an Erb's palsy nerve injury due to the fact that they fail to perform the Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you believe that medical malpractice was the cause of your child's Erb palsy, you must contact an Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your attorney will help determine the cost for the future of your child's treatment as well as calculate your possible compensation amount. Most cases are settled through settlements that provide faster and more comprehensive financial compensation than going to trial.
What happens in a lawsuit?
Your family may be entitled to compensation in the event of medical negligence that led to your child's Erb palsy. This compensation can cover future therapy, treatment as well as other costs that are associated with your child's nerve damage.
A medical malpractice lawsuit for Erb's Palsy is one type of
Erb's Palsy law firms palsy. Your lawyer will look over the birth records of your child to determine whether there was negligence on the part of the doctor during the birth. They may also call in experts from the medical field to provide evidence on the injuries and their causes.
Erb's palsy is often caused by a medical worker pulling too hard on the baby in order to assist with birth. This can lead to injury to the brachial plexus. This is a common problem in shoulder dystocia. The shoulders of the newborn can become trapped in a woman's birth canal, causing excessive downward pressure.
Once your lawyer has gathered the evidence required after which they file your 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 to support their respective sides. This could include expert opinions or depositions of witnesses, as well as other evidence. Depending on the outcome of the discovery your case will likely settle out of court, or go to trial.
How much should I expect to win in a lawsuit?
There is no standard settlement amount as each case is unique. The goal of our legal team is to secure a settlement which compensates you fairly. We take into consideration all of your expenses, including treatment costs, and lost income. We also assist in preparing you for any taxes applicable to your settlement.
If properly treated, a number of cases of Erb's palsy could be avoided. We will examine your case for free to determine if there's grounds to file a suit.
Medical negligence is the cause of numerous birth injuries. This means that a doctor or nurse made a mistake that adversely affected the health of your child. These errors can include improper use of forceps or other vacuum devices, or attempting to deliver a baby who has an abnormal size or position in the womb, and shoulder dystocia during birth. The most common cause of shoulder dystocia is due excessive pulling or stretching of the baby's shoulders and head during a prolonged or difficult delivery. Medical professionals are aware of the risks and they should be avoided. Contact us for a no-cost analysis of your situation if you believe that medical negligence led to an injury to your child during labor or delivery.