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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors don't take care they may stretch or tear the brachial plexus the birth. This type of injury is usually caused by medical malpractice, and can result in Erb's Palsy in newborns. Compensation can assist families with medical bills and treatment. An Erb's Palsy lawsuit could also be able to cover emotional trauma. What is Erb's palsy? In the case of Erb's palsy, a nerve network in the neck and arms (the brachial plexus) is damaged. As a result, the arm could be weak or inactive and the child may have difficulty using it. A physical therapist can help to improve the condition. In some instances surgery may be necessary to repair or replace damaged nerve fibers. However 20% of children with Erb's syndrome do not recover to a significant degree. Medical professionals can cause an injury to the Erb's palsy during a difficult birth if he or she uses excessive force or pulls on the infant's shoulders to assist him or her emerge from the birth canal. This is known as shoulder dystocia and can happen at any time during a delivery. However, it is more common when the infant is larger than normal or born in a breech position. Doctors need to be aware of the risk factors and adhere to specific protocols when delivering babies to avoid complications. This is known as the standard of care and failure to adhere to this standard can lead to serious injuries for the mother and the child. A lawyer from Erb's Palsy can help you file a lawsuit to receive monetary compensation when your child has suffered an injury to their brachial plexus. This money can be used to cover the cost of your child's treatment and to improve the quality of their life. How do I file a lawsuit? Erb's Palsy is among the most commonly occurring birth injuries caused by medical malpractice. The condition causes damage to the brachial plexus, a network of nerves that are located in the neck of the baby and shoulders. This can lead to significant physical and financial costs 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 recognize the risk factors for shoulder dystocia during labor and birth, and they must be able to stop these injuries from occurring. Sometimes, a doctor or another medical professional may cause an injury called Erb's Palsy due to the fact that they aren't aware that a delivery is becoming more complicated, and take unnecessary steps to get the baby out of the womb which can lead to pulling too much on a nerve. A doctor may also cause Erb's palsy by not performing the Cesarean Section when it is clear that your child is difficult to deliver vaginally. If you think that medical malpractice caused your child's Erb palsy, you should seek out a Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. The lawyer will assist you in calculating the potential compensation amount and determining future costs associated with your child's medical care. The majority of cases are settled by settlements, which can provide quicker and more comprehensive financial compensation than taking the case to trial. What happens during a lawsuit? If your child's Erb's paralysis was the result of medical negligence Your family is entitled to compensation. This can be used to pay for future treatment, therapy as well as other costs that are associated with your child's nerve damage. An Erb's palsy suit is a form of medical malpractice claim. Your lawyer will review the birth records of your child and determine if a doctor was negligently during the delivery process. erb's palsy lawsuit minneapolis can also engage medical experts to testify on your child's injury and the reasons for it. In many instances, Erb's palsy is the result of medical professionals pulling the baby too hard to help with the birth. This can lead to traction injuries in the brachialplexus. This is a common issue during shoulder dystocia, where babies' shoulders are stuck in the birth canal. This can lead to excessive downward pressure on the head of a woman's, neck or shoulders. Once your lawyer has gathered the evidence needed, they will file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase where both your lawyer and the legal team of the defendant gather additional evidence to back their respective sides of the argument. This could include expert opinions, depositions from witnesses and other documentation. Your case could settle out of court or go to trial based on the outcome of your discovery. What is the maximum amount I can expect to get in a court case if I win? There isn't a standard settlement amount as each case is different. Our legal team will fight to get you an acceptable settlement. We consider your expenses, which include the cost of treatment and any loss of income. In addition, we can assist you in preparing for any taxes that could apply to your settlement. Many cases of Erb's paralysis could have been avoided with proper care. This is the reason we want to examine your case free and see if you have a legal basis to sue. Many birth injuries are the result of medical negligence. This means a doctor or nurse made an error that adversely affected your child's health. These mistakes can be caused by the improper use of forceps or vacuum devices, attempting to deliver a baby that has an abnormal size or position in the womb and shoulder dystocia during delivery. Often, the cause of shoulder dystocia can be traced to excessive pulling or stretching of the infant's head and shoulders during a lengthy or difficult delivery. Medical experts are aware of the risks and they should be avoided. Contact us today for a free analysis of your situation in the event that you believe medical negligence caused an injury to your child during labor and delivery.