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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors don't take care they could stretch or tear the brachial muscle during the birth. This type of injury is usually caused by medical malpractice and can cause Erb's palsy among newborns. Compensation can assist families with medical bills and treatment. A lawsuit involving Erb's palsy could also help with emotional trauma. What is Erb's palsy? In the case of Erb's paralysis the nerve network of the neck and arms (the brachial plexus) is damaged. The arm can become weak or inactive and the child may have difficulty using it. A physical therapist can help to improve the condition. In certain cases the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, 20 percent of Erb's palsy children do not recover in any way. A medical professional can 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 assist him or her emerge from the birth canal. This is referred to as shoulder dystocia, and it can happen in any delivery however it is more common when a child is larger than average or was born to the side of the birth canal. To avoid complications Doctors must be aware of risk factors and follow certain protocols when giving birth to babies. This is called the standard of care. Infractions to this standard could lead to serious injuries to both mother and child. If your child has suffered from an injury to the brachial plexus, an Erb's palsy lawyer can help you file lawsuits for compensation. The money will be used to pay for your child’s treatment and to improve the quality of his or her life. How do I file a suit? Erb's palsy is a common birth injury caused by medical negligence. This condition can damage the network called brachial plexus of nerves in the neck of the baby and shoulders. This condition can result in significant physical and financial costs for your family. It is important to work with an Long Island Erb's palsy lawyer to determine the complete extent of your child's injuries as well as the expenses associated with them. Medical professionals are trained to spot shoulder dystocia risks during labor and delivery and should be able stop these injuries. A physician or other medical professional could trigger Erb's – Palsy when they aren't aware that the delivery is becoming more complicated and take the wrong steps to get the baby out. This could result in pulling on nerves. A doctor can also cause an injury to the nerve of Erb's Palsy because they don't decide to perform the Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you suspect that medical malpractice was the cause of your child's Erb palsy, it is recommended that you consult an Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your attorney will assist in calculating the possible compensation amount and also determining the future costs associated with your child's treatment. Settlements are the most popular way to settle cases. They offer a more complete financial compensation and are faster than going to trial. What happens in a lawsuit? If your child's Erb's paralysis was the result of medical negligence or negligence, your family should be compensated. This compensation could cover future therapy, treatment and other costs associated with your child's nerve injury. A medical malpractice lawsuit involving Erb's Palsy is a type of Erb's psy. Your lawyer will review the birth records of your child to determine if the doctor acted in a negligent manner during the delivery process. They can also engage medical experts to testify on the injuries your child sustained and the underlying causes. In many instances, Erb's palsy is the result of medical professionals pulling on the baby too hard to assist with the birth. This can cause traction injuries in the brachialplexus. This is a common issue with shoulder dystocia. The baby's shoulders may become stuck in the birth canal of a woman, causing excessive downward pressure. After your lawyer has gathered all the evidence necessary and has filed a lawsuit against the defendants. The defendants then have 30 days to respond. The next step is the discovery stage, which is where your lawyer and the legal team of the defendant will collect additional evidence to support their side of the story. This could include expert opinions witness depositions, expert reports, and other documentation. Your case may settle out-of-court or go to trial depending on the outcome of your discovery. What is the maximum amount I can expect to get in a lawsuit? Every case is unique, so there is no standard amount for settlement. The goal of our legal team is to pursue an amount that is fair to you. erb's palsy lawyer new bedford consider your expenses, which include the cost of treatment and any loss of income. Additionally, we will also help you prepare for any taxes that could apply to your settlement. Many cases of Erb's Palsy could have been avoided by taking proper care. We will review your case at no cost to determine whether there are grounds for a lawsuit. Many birth injuries are caused by medical negligence, which means that a doctor or nurse made an error that negatively impacted your child's health. These mistakes can be caused by the improper use of forceps and vacuum devices, or attempting to deliver a baby with an abnormal size or position in the womb and shoulder dystocia during birth. The most common cause of shoulder dystocia is due to excessive stretching or pulling of the infant's shoulders and head during a difficult or prolonged delivery. These risks are well known by medical professionals and should be avoided. Contact us for a complimentary evaluation of your case when you suspect that medical negligence caused injury to your child during labor or birth.