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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors may stretch or tear brachial plexus when they are not careful during delivery. This type of injury is usually caused by medical malpractice and can lead to Erb's palsy in newborns. Compensation can aid families in paying medical bills and treatments. A lawsuit involving Erb's palsy could also help with emotional trauma. What is Erb's palsy? In Erb's syndrome there is a nerve system in the neck and arms (the brachial plexus) is damaged. The arm could become weak or inactive, and the child may struggle to use it. A physical therapist might be able help to improve the condition. In certain cases surgical procedures can be done to restore or replace damaged nerve fibers. However 20 percent of children with Erb's palsy do not recover to a certain degree. Erb's palsy can be caused by medical professionals who pull or applies excessive force to the shoulders of the infant to help them emerge from the birth canal. This is known as shoulder dystocia. it can happen during any birth, but it's particularly common when a baby is heavier than average or was born in a breech position. Doctors must be aware the risk factors and adhere to specific protocols when giving birth to avoid these complications. This is called the standard of care. Infractions to this standard could result in serious injuries to mother and child. If your child has suffered an injury to the brachial nerve An attorney from Erb's Palsy can assist you in filing an action for financial compensation. This money can be used to pay for your child’s treatment and to improve the quality of their life. How do I file a lawsuit? erb's palsy attorneys rancho cucamonga is among the most common birth injuries that result from medical malpractice. This condition affects the brachial plexus network of nerves situated in the baby's neck and shoulders. The condition can cause substantial financial and physical costs for your family. You should speak with 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 risk factors of shoulder dystocia during labor and delivery, and they should be able prevent these injuries from occurring. Sometimes, a doctor or medical professional can cause an Erb's palsy injury because they do not realize that a birth is becoming more complicated, and make unnecessary steps to pull the baby out of the womb which could result in pulling too much on a nerve. A doctor could also trigger Erb's palsy by not performing the Cesarean Section when it is clear that your child will be difficult to deliver vaginally. If you believe that your child's Erb's Palsy was the result of medical malpractice, you should work with a Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your lawyer will help you determine the cost of your child's treatment as well as calculate your possible compensation amount. Settlements are the most common method of settling cases. They provide a more complete financial compensation and are faster than a trial. What happens in a lawsuit? Your family is entitled to compensation if medical negligence caused your child's Erb palsy. This could help pay for the cost of future treatment or therapy as well as other costs related to your child's nerve damage. An Erb's palsy lawsuit is a type of medical malpractice claim. Your lawyer will look over your child's birth records and determine if a doctor acted negligently during the birth process. They could also employ medical experts to testify 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 in the birth. This can result in injuries to the brachialplexus. This is a common problem during shoulder dystocia. The baby's shoulders can get stuck in a birth canal, causing excessive downward pressure. After your lawyer has gathered all the evidence necessary to prove their case, they will file an action against the defendants. The defendants have 30 days to respond. The next step is the discovery phase which is when your lawyer and the legal team of the defendant gather additional evidence to back their sides of the case. This could include expert opinions witness depositions, expert reports, and other documents. Depending on the results of the discovery, your case could settle out of court, or go to trial. How much money can I expect to win in a lawsuit, if I win? Each case is unique and therefore there is no standard settlement amount. Our legal team will fight for you an equitable settlement. We consider all your expenses like treatment costs and lost income. In addition, we can assist you in preparing any taxes that may be applicable to your settlement. Many cases of Erb's Palsy could have been prevented with proper care. That is why we want to review your case for free and see if you have grounds to sue. Many birth injuries result from medical negligence. This means a doctor or nurse made an error that negatively affected your child's health. These errors can include improper use of forceps, or vacuum devices, attempting to deliver a baby who has an unusual size or position in the womb and shoulder dystocia in the delivery. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's neck and shoulders during an uneasy delivery. Medical experts are aware of the dangers and should be avoided. If your child has suffered an injury due to medical negligence during labor and birth, contact us for a no-cost case evaluation.