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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't vigilant they could stretch or tear the brachial plexus during the birth. This injury is often result of medical malpractice and can result in Erb's palsy in newborns. Compensation can assist families with medical bills as well as for treatment. A lawsuit for the condition Erb's Palsy may also cover 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 may struggle to use it. A physical therapist may help improve the condition. In some cases, surgery can be performed to to repair or replace the affected nerve fibers. Unfortunately, however 20 percent of children who suffer from Erb's palsy don't recover to a significant degree. A medical professional may cause an Erb's palsy injury during a difficult birth when he or her uses 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 at any time during a delivery. However, erb's palsy attorney boca raton is more common when the infant is larger than normal or born to the breech position. Doctors must 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 and failure to adhere to this standard can lead to serious injuries to the mother and the child. An attorney for Erb's palsy can help you file an action to get financial compensation in the event that your child has suffered an injury to the brachial-plexus. The money will pay for the treatment of your child and give him or her a better quality of life. How do I start a lawsuit? Erb's palsy is among the most commonly occurring birth injuries that result from medical malpractice. This condition affects the brachial plexus, a network of nerves that are located in the baby's neck and shoulders. The condition can cause significant financial and physical expenses for your family. It is crucial to work 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 professionals are trained to spot shoulder dystocia risk factors during labor and delivery, and must be able to stop these injuries from occurring. A doctor or other medical professional could cause Erb's palsy if they fail to recognize that the delivery is becoming complicated and take unnecessary measures to help the baby get out. This could lead to pulling on nerves. A doctor can also trigger an Erb's palsy nerve injury since they may not choose to perform the Cesarean section when it is obvious that your child is likely to be difficult to deliver vaginally. If you suspect that medical malpractice caused your child's Erb palsy, you must contact an Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your lawyer will help you determine the costs that will be incurred by your child's treatment as well as calculate your possible compensation amount. Most cases are settled through settlements, which provide faster and more comprehensive financial compensation than taking the case to trial. What happens in a lawsuit? If your child's Erb's Palsy was caused by negligence on the part of a medical professional or negligence, your family should be compensated. This will cover future treatment, therapy and other costs associated with the nerve damage your child suffered. A medical malpractice lawsuit involving Erb's Palsy is a kind of Erb's Palsy. Your lawyer will review the birth records of your child and determine if a doctor acted in a negligent manner during the delivery process. They may also ask medical experts to testify about the cause of the injury and how it occurred. Erb's palsy is often caused by a medical worker pulling too hard on the infant to assist in the birth. This can cause injury to the brachialplexus. This is a common problem in shoulder dystocia. The shoulders of the baby can get stuck in a birth canal of a woman, causing excessive downward pressure. After your lawyer has gathered all the evidence necessary to prove their case, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next stage is discovery, in which your lawyer and the legal team of the defendant will collect additional evidence to support their respective arguments. This could include depositions or depositions of witnesses, expert reports and other evidence. Your case could settle out of court or go to trial depending on the outcome of your discovery. How much should I expect to win in a lawsuit? Every case is different Therefore, there isn't a standard settlement amount. But, the goal of our legal team is to fight for a settlement that is fair to you. We take into consideration all your expenses, like treatment costs and lost income. Additionally, we can assist you in preparing any tax implications that might apply to your settlement. Many cases of Erb's syndrome could have been avoided by taking proper care. We will review your case at no cost to determine if there are grounds to bring a lawsuit. Many birth injuries are the result of medical negligence. This means a doctor or nurse made an error that adversely affected the health of your child. These errors may include the improper use of forceps or vacuum devices in the process of delivering children with an abnormal shape or position in the womb, and shoulder dystocia. Most of the time, the cause for shoulder dystocia can be traced to excessive pulling or stretching of the infant's head and shoulders during a difficult or prolonged delivery. Medical professionals are aware of these risks and recommend they be avoided. If your child suffered an injury as a result of medical negligence during labor and delivery, contact us to get a no-cost case evaluation.