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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't cautious they could stretch or tear the brachial nerve during the birth. This injury could result from medical negligence and may lead to Erb's palsy in newborns. Compensation can assist families with medical bills and also for treatment. A lawsuit involving Erb's palsy 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. This means that the arm may be weak or inactive and the child may have difficulty using it. A physical therapist may be able to assist in improving the condition. In certain instances it is possible to undergo surgery to restore or replace damaged nerve fibers. Unfortunately, 20 percent of the Erb's-Pasy children are not able to recover in any way. Medical professionals can cause an injury to the Erb's palsy during a difficult delivery when he or her uses excessive force or pulls on the baby's shoulders to assist the baby emerge from the birth canal. This is known as shoulder dystocia and it can occur in any delivery, but it's particularly common when a baby is larger than average or was born in a breech position. Doctors must be aware of the risk factors and follow specific protocols when delivering babies to avoid such complications. This is known as the standard of care. Failure to follow this standard may result in severe injuries to both mother and child. A lawyer for Erb's 'Palsy' can help you file an action for the amount of money you owe in the event that your child has suffered an injury to the brachial-plexus. This money can be used to cover the cost of your child's treatment and enhance the quality of his or her life. How do I file a lawsuit? Erb's palsy is among the most frequent birth injuries that result from medical malpractice. The condition causes damage to the brachial plexus, a network of nerves in the neck of the baby and shoulders. This condition can cause significant physical and financial burdens for your family. It is crucial to work with a Long Island Erb's palsy lawyer to determine the extent of your child's injuries and the costs that go along with them. Medical professionals are trained to spot shoulder dystocia risk factors during labor and delivery and should be able to prevent these injuries from happening. Sometimes a doctor or other medical professional can cause an Erb's palsy injury because they aren't aware that a delivery is becoming complicated and do not take the necessary steps to get the baby out of the womb which can lead to pulling too hard on nerves. A doctor may also cause an injury to the nerve of Erb's Palsy since they may not choose to perform the Cesarean section in the event that it is obvious your child will be difficult to deliver vaginally. If you believe that medical malpractice is the reason for your child's Erb palsy, contact an Long Island Erb Palsy Attorney to make a claim against the responsible parties. Your lawyer will assist you in calculating the compensation amount and determining future costs associated with your child's care. Settlements are the most common method of settling cases. erb's palsy law firm sacramento offer a more comprehensive financial compensation and quicker than going to trial. What happens if you are sued? If your child's condition of Erb's palsy was the result of medical negligence and your family is entitled to compensation. This can be used to pay for future therapy, treatment as well as other costs that are associated with your child's nerve injury. A medical malpractice lawsuit for Erb's Palsy is a type of Erb's palsy. Your lawyer will review the birth records of your child to determine whether there was negligence on the part of the doctor who delivered your child. They may also use medical experts to give testimony on your child's injury and the causes. In many cases, Erb's Palsy is caused by a medical professional pulling on the baby too hard to assist with the birth. This can result in traction injuries in the brachialplexus. This is a common issue during shoulder dystocia. The baby's shoulders can become trapped in a birth canal, causing excessive downward pressure. After your lawyer has gathered the evidence they require and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants have about 30 days to respond. The next phase is discovery, where your lawyer and the legal team of the defendant will gather additional evidence to support their respective arguments. This may include depositions of witnesses, expert reports and other evidence. Your case could settle out of court or go to trial based on the outcome of your discovery. How much money can I anticipate to win in a lawsuit if I win? There is no average settlement amount, since each case is different. Our legal team will fight hard to secure you an acceptable settlement. We take into account your expenses, including the cost of treatment and any loss of income. In addition, we can assist you in preparing for any taxes that may apply to your settlement. Many cases of Erb's Palsy could have been prevented with proper treatment. We will examine your case for free to determine if there are grounds for a lawsuit. Medical negligence is responsible for numerous birth injuries. This means that a doctor or nurse made a mistake which negatively affected your child's health. These errors can be traced to the improper use of vacuum devices or forceps in the attempt to deliver children with an abnormal position or size in the womb, and shoulder dystocia. Shoulder dystocia can be caused by excessive pulling or stretching of the infant's shoulders and head during an uneasy delivery. These risks are widely recognized by medical experts and should be avoided. Contact us for a complimentary analysis of your situation in the event that you believe medical negligence has caused injury to your child during labor or birth.