Erb's Palsy Law: It's Not As Difficult As You Think
Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors can stretch or tear the brachial muscles if they're not careful during the birth. This injury is often caused by medical negligence, and can result in Erb's palsy in newborns. Compensation can help families pay medical bills and treatments. A lawsuit involving Erb's's Palsy' could also cover emotional trauma. What is Erb's palsy? In Erb's palsy the nerve network of the arms and neck (the brachial plexus) is damaged. In the result, the arm might be weak or inactive, and the child may have difficulty using it. A physical therapist may be able to help improve the condition. In certain instances, surgery can be performed to repair or replace the affected nerve fibers. Unfortunately, 20% of children with Erb's palsy don't recover to a certain degree. A medical professional could cause an Erb's palsy injury during a difficult delivery when he or she applies excessive force or pulls on the infant's shoulders to help the infant emerge from the birth canal. This is referred to as shoulder dystocia and it can happen during any birth however it is more common when a baby is heavier than average or has been born with a breech birth. To avoid complications To avoid complications, doctors must be aware of risk factors and adhere to certain protocols when delivering babies. This is known as the standard of care and the failure to follow this standard could result in serious injuries for the mother and child. If your child has suffered a brachial plexus injury An attorney from Erb's Palsy can help you file an action for financial compensation. This money can be used to pay for your child’s treatment and increase the quality of life. How do I file a suit? Erb's palsy is among the most common birth injuries that result from medical negligence. The condition causes damage to the brachial plexus, a network of nerves in the neck of the baby and shoulders. This condition can have significant physical and financial burdens for your family. You should speak with a Long Island Erb’s palsy attorney to determine the extent and cost of your child's injuries. Medical professionals are trained to recognize the risk factors for shoulder dystocia during labor and delivery, and they are able to prevent these injuries from happening. Sometimes, a doctor or another medical professional may cause an injury to the Erb's palsy because they aren't aware that a delivery becomes more complicated and they do not take the necessary steps to get the baby out of the womb, which can result in pulling too far on a nerve. A doctor could also cause an Erb's palsy nerve injury because they don't decide to perform a Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you think that medical malpractice is the reason for your child's Erb palsy, you must contact a Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. Your lawyer will assist you in calculating the compensation amount and determining future costs associated with your child's care. The majority of cases are settled through settlements, which provide faster and more comprehensive financial compensation than going to trial. What happens in a lawsuit? If your child's Erb's Palsy was the result of negligence on the part of a medical professional and your family is entitled to compensation. This will cover future therapy, treatment and other expenses that come along with the nerve damage your child suffered. A medical malpractice lawsuit involving Erb's Palsy is one type of Erb's Palsy. Your lawyer will review the birth records of your child and determine if a physician acted negligently during the birth process. They can also bring in experts in the field to testify about the injuries and their causes. In many cases, Erb's paralysis is caused by medical professionals pulling the baby too hard to assist in the birth. This can lead to trauma to the brachial plexus. This is a common issue when shoulder dystocia occurs. The baby's shoulders may become stuck in a birth canal, causing excessive downward pressure. After erb's palsy attorneys fayetteville has obtained all the evidence needed to prove their case, they will file an action against the defendants. The defendants have 30 days to respond. The next phase is discovery, in which your lawyer and the legal team of the defendant will gather additional evidence to support their respective positions. This could include depositions of witnesses, expert reports and other documentation. Your case may settle out of court or go to trial based on the outcome of your discovery. How much should I expect to get in a lawsuit? There is no average settlement amount, as every case is different. Our legal team will fight to get you a fair settlement. We will consider all your expenses like treatment costs and lost income. We can also help prepare you for any taxes that might apply to your settlement. Many cases of Erb's syndrome could have been avoided with proper care. We will examine your case free of charge to determine whether there are grounds for a lawsuit. Many birth injuries are the result of medical negligence, which means the doctor or nurse committed an error that negatively affected the health of your child. These errors can include improper use of forceps or other vacuum devices, attempting to deliver a baby that has an abnormal size or position in the womb and shoulder dystocia during birth. Most of the time, the cause for shoulder dystocia is due excessive pulling or stretching of the baby's shoulders and head during a prolonged or difficult delivery. These risks are well-known by medical experts and should be avoided. Contact us for a free evaluation of your case when you suspect that medical negligence has caused injury to your child during labor and birth.