Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors may stretch or tear brachial plexus if not careful during the birth. This injury can be the result of medical malpractice, and can lead to 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 attorney evanston , the brachial plexus (a network of nerves in the neck and arms) is damaged. As a result, the arm may be weak or inactive, and the child may have difficulty using it. A physical therapist might be able to help improve the condition. In some instances it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately 20 percent of children suffering from Erb's palsy do not recover in any way that is measurable.
A medical professional may 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 assist them emerge from the birth canal. This is referred to as shoulder dystocia, and it can occur during any delivery, but it's particularly common when a baby is bigger than average or has been born breech.
Doctors should be aware of the risk factors and follow specific protocols when delivering babies to prevent such complications. 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 an injury to the brachial nerve, an Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can be used to pay for your child’s treatment and increase the quality of their life.
How do I make a claim?
Erb's Palsy is among the most commonly occurring birth injuries caused by medical malpractice. It is a condition that causes damage to the network of nerves in the baby's neck and shoulders, known as the brachial plexus. The condition can cause significant financial and physical burdens for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the full extent of your child's injuries and the cost associated with them.
Medical experts are trained to recognize shoulder dystocia risks during labor and birth and should be able prevent these injuries. Sometimes, a doctor or another medical professional may cause an injury to the Erb's palsy because they do not realize 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 heavily on the nerve.
A doctor can also cause an Erb's palsy nerve injury since they may not choose to perform a Cesarean section in the event that it is obvious your child will be difficult to deliver vaginally. If you think that medical negligence caused your child's Erb palsy, you should consult an Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your lawyer will help you determine the cost for the future of your child's treatment and calculate your potential compensation amount. Settlements are the most commonly used method of settling cases. They provide a more complete financial compensation and are faster than going to trial.
What happens in a lawsuit?
Your family may be entitled to compensation for medical negligence that caused your child's Erb palsy. This compensation can cover future therapy, treatment as well as other costs that are associated with the nerve damage your child suffered.
An Erb's-Palsy lawsuit is a medical malpractice claim. Your lawyer will review the birth records of your child to determine whether there was negligence on the part of the doctor during the birth. They may also ask experts from the medical field to provide evidence on the cause of the injury and how it occurred.
In many cases, Erb's paralysis is caused by medical professionals pulling the baby too hard to help in the birth. This can lead to trauma to the brachial plexus. This is a typical problem during shoulder dystocia. the baby's shoulders are entangled in the birth canal and can cause excessive downward pressure on a woman's head, neck or shoulders.
After your lawyer has gathered the necessary evidence, they will file your lawsuit against the defendants. The defendants have approximately 30 days to respond. The next step is the discovery phase in which your lawyer as well as the legal team of the defendant gather additional evidence to back their side of the story. This could include expert opinions witness depositions, expert reports, and other documents. 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 anticipate to receive in a lawsuit?
There is no average settlement amount, as every case is different. The goal of our legal team is to secure an amount that compensates you fairly. We take into consideration all of your expenses such as treatment costs and lost income. We also assist in preparing you for any taxes which could apply to your settlement.
Many cases of Erb's paralysis could have been avoided by proper treatment. We will look into your case at no cost to determine whether there are grounds to file a suit.
Many birth injuries are the result of medical negligence. This means a doctor or nurse made an error that negatively affected the health of your child. These errors can include 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. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's head and shoulders during the difficult delivery. These risks are recognized by medical experts and should be avoided. Contact us today for a free analysis of your situation when you suspect that medical negligence led to an injury to your child during labor or delivery.