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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors don't take care they may stretch or tear the brachial nerve during delivery. This injury is often caused by medical malpractice and can result in Erb's Palsy in newborns. Compensation can help families pay medical expenses and also for treatment. A lawsuit for the condition Erb's Palsy could 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 arm may become weak or inactive, and the child may find it difficult to use it. A physical therapist may be able assist in improving the condition. In certain cases the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, 20 percent of children who suffer from Erb's palsy don't recover to any measurable degree. Medical professionals can cause an injury to the Erb's palsy during a difficult birth in the event that he or she employs excessive force or pulls on the baby's shoulders to help him or her emerge from the birth canal. This is known as shoulder dystocia. it can occur in any delivery but is most common when a baby is bigger than average or is born in a breech position. Doctors must be aware of the risk factors and follow specific guidelines when giving birth to avoid these complications. This is called the standard of care and the non-observance of this standard could lead to serious injuries to the mother and baby. An attorney for Erb's palsy can assist you in filing an action to obtain the amount of money you owe when your child has suffered an injury to their brachial plexus. This money can help pay for the treatment of your child and give him or her a better quality of life. How do I do I file a lawsuit? Erb's syndrome is a common birth injury caused by medical negligence. It is a condition that causes damage to the nerves' network in the baby's neck and shoulders, which is known as the brachial plexus. This can lead to significant physical and financial costs for your family. You should speak with a Long Island Erb’s palsy attorney to determine the full extent and costs of your child's injuries. Medical professionals are trained to recognize shoulder dystocia risks during labor and delivery and should be able to avoid these injuries. A physician or other medical professional can cause Erb's Palsy in the event that they do not realize the delivery process is getting more complicated and take the wrong steps to remove the baby. This could lead to pulling on a nerve. A doctor could also cause an injury to the nerve of Erb's Palsy due to the fact that they fail to perform the Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you believe your child's Erb's Palsy was the result of medical negligence, you should work with an Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your lawyer will assist you to determine the costs that will be incurred by your child's treatment and calculate your potential compensation amount. Settlements are the most popular method of settling cases. They provide more complete financial compensation and are quicker than going to trial. What happens in the event of a lawsuit? If your child's Erb's paralysis was caused by medical negligence, your family deserves compensation. This will cover future treatment, therapy and other costs associated with the nerve damage your child suffered. An Erb's palsy lawsuit is a form of medical malpractice claim. Your lawyer will go through your child's birth records and determine if the doctor acted in a negligent manner during the delivery process. They can also rely on medical experts to testify on your child's injury and its causes. In many instances, Erb's palsy is the result of medical professionals pulling on the baby too hard to assist with the birth. This can cause traction injuries in the brachialplexus. This is a common issue when shoulder dystocia occurs. The baby's shoulders may become trapped in a woman's birth canal, creating excessive downward pressure. Once your lawyer has collected the necessary evidence, they will file your lawsuit against the defendants. The defendants have approximately 30 days to respond. The next phase is discovery, where your lawyer and the legal team of the defendant will gather additional evidence in support of their respective positions. This may include depositions of witnesses, expert reports and other documents. 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 unique. Our legal team will fight hard to secure you an equitable settlement. We take into account your expenses, which include the cost of treatment and any loss of income. In addition, we can assist you in preparing for any taxes that could apply to your settlement. Many cases of Erb's paralysis could have been prevented by taking proper care. We will review your case free of charge to determine if there's grounds for 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 be traced to the improper use of vacuum devices or forceps, trying to deliver the child in an unusual position or size in the womb, and shoulder dystocia. erb's palsy lawsuit tempe can be caused by excessive pulling or stretching the baby's neck and shoulders during a difficult delivery. These risks are recognized by medical professionals and should be avoided. Contact us today for a free assessment of your case should you suspect that medical negligence caused an injury to your child during labor and birth.