The 10 Scariest Things About Erb s Palsy Law
Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
When doctors aren't careful, they can stretch or tear the brachial plexus during the birth. This injury can be the result of medical malpractice and can cause Erb's palsy in infants.
Compensation can assist families with medical bills and to pay for treatment. An Erb's palsy lawsuit may also be able to cover emotional trauma.
What is Erb's palsy?
In Erb's palsy there is a nerve system in the neck and arms (the brachial plexus) is damaged. The arm can become weak or inactive and the child may find it difficult to use it. A physical therapist can help to improve the condition. In some cases the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, 20 percent of children suffering from Erb's palsy do not recover to a significant degree.
A medical professional may cause an Erb's palsy injury during a difficult birth when he or she applies excessive force or pulls on the baby's shoulders to help the baby emerge from the birth canal. This is known as shoulder dystocia, and it can occur in any birth, but it's particularly common when a baby is bigger than average or was born in a breech position.
To prevent complications, doctors must be aware of risk factors and follow certain guidelines when delivering a baby. This is known as the standard of care. Failure to follow this standard could lead to serious injuries to mother and child.
If your child has suffered from a brachial plexus injury, an Erb's palsy lawyer can assist you in filing a lawsuit for monetary compensation. This money can be used to pay for your child's treatment and enhance the quality of their life.
How do I file a lawsuit?
Erb's palsy is a very frequent birth injury caused by medical negligence. It is a condition that harms the network of nerves in the baby's neck and shoulders, known as the brachial plexus. This can lead to significant financial and physical burdens for your family. It is crucial to work with an Long Island Erb's palsy lawyer to determine the totality of your child's injuries as well as the expenses associated with them.
Medical professionals are trained to recognize the risk factors for shoulder dystocia during labor and delivery, and should be able prevent these injuries from happening. Sometimes, a doctor or another medical professional could trigger an Erb's palsy injury because they do not realize that a birth is becoming complicated and take unnecessary steps to get the baby out of the womb, which can result in pulling too far on the nerve.
A doctor can also cause an Erb's palsy nerve injury since they may not choose to perform an Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you believe your child's Erb's palsy was the result of medical negligence, you should work with a Long Island Erb's Palsy Lawyer to bring a lawsuit against the responsible parties. Your lawyer will help you determine the costs that will be incurred by your child's treatment, and calculate your potential compensation amount. Settlements are the most frequent method of settling cases. They provide a more complete financial compensation, and quicker than a trial.
What happens in a lawsuit?
If your child's Erb's palsy was caused by medical negligence and your family is entitled to compensation. This will cover future therapy, treatment and other costs associated with the nerve damage of your child.
An Erb's palsy lawsuit is a kind of medical malpractice claim. Your lawyer will examine the birth records of your child to determine if there was negligence by the doctor who delivered your child. They can also engage medical experts to present evidence regarding the injury your child sustained and the causes.
In many cases, Erb's palsy is caused by medical professionals pulling on the baby too hard to assist with the birth. This can lead to injury to the brachialplexus. This is a typical problem when shoulder dystocia occurs. The shoulders of the newborn can become stuck in a woman's birth canal, creating excessive downward pressure.
Once your lawyer has collected the necessary evidence, they will file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase in which your lawyer as well as the legal team of the defendant will gather additional evidence to support their sides of the case. This can include expert reports witness depositions, expert reports, and other documents. Depending on the results 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 isn't a standard settlement amount, since each case is different. Our legal team will fight for you an equitable settlement. We take into consideration all your expenses, like treatment costs and lost income. Additionally, we can assist you in preparing any taxes that may apply to your settlement.
Many cases of Erb's palsy could have been avoided with proper treatment. This is why we'd like to review your case for free and determine if you have grounds to sue.
Many birth injuries are caused by medical negligence, which means the nurse or doctor made an error that negatively impacted your child's health. These errors can include improper use of forceps or vacuum devices, attempting to deliver a baby that has an unusual size or position in the womb and shoulder dystocia in the delivery. Shoulder dystocia is often caused by excessive pulling or stretching the baby's neck and shoulders during an uneasy delivery. These risks are well known by medical experts and should be avoided. Contact us today for a free analysis of your situation should you suspect that medical negligence has caused injury to your child during labor or delivery.