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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit When doctors aren't careful they may stretch or tear the brachial plexus delivery. This injury is often caused by medical malpractice, and can lead to Erb's Palsy in newborns. Compensation can aid families in paying medical bills and treatment. An Erb's palsy suit could also help with emotional trauma. What is Erb's palsy? In Erb's Palsy the brachial plexus (a network of nerves located in the neck and arms) is damaged. The arm may become weak or inactive and the child might have difficulty using it. A physical therapist might be able help to improve the condition. In some cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately, however 20% of children with Erb's Palsy do not recover to a significant degree. Medical professionals can cause an Erb's-Palsy injury during a difficult birth if he or she uses excessive force or pulls on the baby's shoulders to assist the infant emerge from the birth canal. This is called shoulder dystocia. It can occur in any birth. However, it is more frequent when the baby is bigger than the average or is born with a breech birth. Doctors must be aware of the risk factors and follow specific protocols when giving birth to avoid complications. This is called the standard of care and the failure to follow this standard can lead to serious injuries to the mother and the child. If your child has suffered an injury to the brachial area An Erb's palsy lawyer can help you file an action for financial compensation. The money will be used to cover the cost of your child's treatment and improve the quality of their life. How do I file a lawsuit? Erb's syndrome is a frequent birth injury that is caused by medical negligence. It is a condition that damages the nerve system in the shoulders and neck, called the brachial plexus. This can lead to significant financial and physical expenses for your family. It is recommended to consult a Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries. Medical professionals are trained to recognize the potential risk factors for shoulder dystocia during labor and delivery and must be able to stop these injuries from occurring. A medical doctor or another professional can cause Erb's Palsy if they don't realize that the delivery is getting complicated and take unnecessary measures to get the baby out. This could lead to pulling on nerves. A doctor can also trigger an injury to the nerve of Erb's Palsy because they don't decide to perform an Cesarean section when it is evident that your child will be unable to deliver vaginally. If you think your child's Erb's syphilis was the result of medical malpractice You should consult an Long Island Erb's Palsy Lawyer to file a claim against the responsible parties. Your attorney will assist in calculating the potential compensation amount and will also determine the future costs associated with your child's care. Settlements are the most common method of settling cases. They provide more complete financial compensation, and faster than going to trial. What happens in a lawsuit? Your family members are entitled to compensation for medical negligence that caused your child's Erb palsy. This will help pay the cost of future treatments or therapy as well as other costs that are related to your child's neuro damage. An Erb's Palsy lawsuit is a form of medical malpractice claim. Your lawyer will look over the birth records of your child to determine if a doctor acted negligently during the delivery process. They can also rely on medical experts to provide testimony on the injuries your child sustained and its causes. In many cases, Erb's palsy is the result of a medical professional pulling the baby too hard to assist with the birth. This can lead to traction injuries to the brachial plexus. This is a common problem when shoulder dystocia occurs. erb's palsy law firm costa mesa can become trapped in a woman's birth canal, creating excessive downward pressure. Once your lawyer has collected the evidence needed and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next step is discovery, during which your lawyer and the legal team of the defendant will collect additional evidence in support of their respective positions. This can include expert reports or depositions of witnesses, as well as other documents. Your case could be settled out of court or go to trial based on the outcome of your discovery. How much can I expect to receive in a lawsuit? Every case is different and therefore there is no standard settlement amount. Our legal team will fight to secure you an equitable settlement. We consider all of your expenses such as treatment costs and lost income. Additionally, we will assist you in preparing for any taxes that may be applicable to your settlement. Many cases of Erb's syndrome could have been prevented with proper treatment. We will look into your case for free to determine whether there are grounds for a suit. Medical negligence is the cause of many birth injuries. This means that a doctor or nurse committed a mistake that negatively affected your child's well-being. These errors can be traced to the improper use of vacuum devices or forceps in the attempt to deliver the child in an unusual position or size in the womb, and shoulder dystocia. Most of the time, the cause for shoulder dystocia can be traced to excessive stretching or pulling of the baby's shoulders and head during a prolonged or difficult delivery. Medical experts are aware of the dangers and should be avoided. Contact us for a complimentary assessment of your case should you suspect that medical negligence led to an injury to your child during labor and delivery.