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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors can stretch or tear brachial muscles if they're not attentive during the delivery. This type of injury is usually caused by medical malpractice, and can lead to Erb's Palsy in newborns. Compensation can aid families in paying medical bills and to pay for treatment. 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 that runs through the neck and arms) is damaged. The result is that the arm could be weak or inactive, and the child may be unable to use it. A physical therapist may be able to assist in improving the condition. In some cases surgery may be necessary to repair or replace damaged nerve fibers. However 20 percent of children suffering from Erb's syndrome do not recover to any measurable degree. Erb's Palsy can be caused by medical professionals who pull or uses excessive force on the shoulders of the baby to help them get out of the birth canal. This is referred to as shoulder dystocia. it can occur during any delivery but is most common when a baby is heavier than average or is born with a breech birth. To avoid complications To avoid complications, doctors should be aware of risk factors and adhere to certain guidelines when delivering the baby. This is known as the standard of care and a failure to adhere to this standard could result in serious injuries to the mother and baby. If your child has suffered from an injury to the brachial nerve An attorney for Erb's palsy can assist you in filing lawsuits for compensation. This money can be used to pay for your child's treatment and give him or her a better quality of life. How do I make a claim? Erb's Palsy is a common birth injury that is caused by medical negligence. This condition damages the network called brachial plexus of nerves located in the neck of the baby and shoulders. This condition can have major physical and financial consequences for your family. It is essential 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 risk factors of shoulder dystocia during labor and delivery and must be able to stop these injuries from occurring. Sometimes, erb's palsy attorneys fayetteville or medical professional could cause an injury to the Erb's palsy because they do not realize that a birth is becoming complicated and take unnecessary steps to get the baby out of the womb, that could lead to pulling too hard on nerves. A doctor can also trigger Erb's psy by failing to perform a Cesarean Section when it is obvious that your child will be difficult to deliver vaginally. If you suspect that medical negligence caused your child's Erb palsy, it is recommended that you seek out a Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will assist you in calculating your potential compensation amount and also determining the future costs associated with the care of your child. Settlements are the most popular method of settling cases. They provide a more complete financial compensation, and faster than going to trial. What happens in the event of a lawsuit? If your child's Erb's Palsy was the result of negligence on the part of a medical professional Your family is entitled to compensation. This can help to cover the cost of future treatment therapies, as well as other expenses that are related to your child's neuro damage. A medical malpractice lawsuit for Erb's palsy is a form of Erb's psy. Your lawyer will examine the birth records of your child to determine whether there was negligence on the part of a doctor during delivery. They can also rely on medical experts to present evidence regarding the injury your child sustained and the reasons for it. In many instances, Erb's palsy is caused by a medical professional pulling on the baby too hard to assist in the birth. This can cause injuries to the brachialplexus. This is a frequent issue with shoulder dystocia, in which babies' shoulders are stuck in the birth canal. This can result in excessive downward pressure on a woman's head, neck or shoulders. Once your lawyer has gathered the evidence they require, they will file your lawsuit against the defendants. The defendants then have approximately 30 days to respond. The next step is the discovery phase which is when your lawyer and the legal team of the defendant will collect additional evidence to support their arguments. This may include expert reports or depositions of witnesses, as well as other documentation. Depending on the results of the discovery, your case will likely settle out of court or go to trial. What is the maximum amount I can expect to get in a lawsuit if I win? Every case is different and therefore there is no standard amount for settlement. Our legal team will fight for you an acceptable settlement. We take into consideration all of your expenses including treatment costs, and lost income. Additionally, we will assist you in preparing for any taxes that may be applicable to your settlement. If properly treated, a number of cases of Erb’s palsy would have been prevented. We will look into your case at no cost to see if there are grounds for a suit. Many birth injuries are the result of medical negligence, which means that the nurse or doctor made an error that negatively affected your child's health. These mistakes can be caused by the improper use of forceps, or vacuum devices, attempting to deliver a baby who has an abnormal size or position in the womb and shoulder dystocia when delivering. The most common cause of shoulder dystocia is due excessive stretching or pulling of the baby's shoulders and head during a prolonged or difficult delivery. Medical experts are aware of the risks and recommend they be avoided. Contact us today for a free assessment of your case in the event that you believe medical negligence caused an injury to your child during labor and birth.