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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors can stretch or tear the brachial muscles if they're not cautious during birth. This type of injury is usually caused by medical negligence, and can cause Erb's Palsy in newborns. Compensation can help families pay medical bills and treatments. An Erb's palsy suit could also cover emotional trauma. What is Erb's palsy? In the case of Erb's palsy there is a nerve system in the neck and arms (the brachial plexus) is damaged. The arm may become weak or inactive and the child could be unable to use it. A physical therapist might be able to help improve the condition. In certain cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately 20 percent of Erb's Palsy children do not recover in any way. Erb's psy may be caused by medical professionals who pull or puts excessive pressure on the shoulders of the baby to help them to emerge from the birth canal. This is referred to as shoulder dystocia, and it can occur during any delivery however it is more common when a baby is larger than average or is born to the side of the birth canal. Doctors should be aware of the risk factors and follow specific protocols when they deliver babies to avoid such complications. This is called the standard of care. Failure to follow this standard may result in serious injuries to the mother and child. If your child has suffered from a brachial plexus injury An Erb's palsy lawyer can help you file an action to recover financial compensation. This money can be used to pay for your child's treatment and improve the quality of their life. How do I do I file a lawsuit? Erb's Palsy is among the most frequent birth injuries that result from medical negligence. This condition can damage the brachial plexus 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 as well as the expenses associated with them. Medical professionals are trained to spot the potential risk factors for shoulder dystocia during labor and delivery and should be able prevent these injuries from occurring. Sometimes, a doctor or another medical professional could trigger an injury to the Erb's palsy because they don't realize that the delivery process is becoming more complicated, and do not take the necessary steps to get the baby out of the womb which can result in pulling too hard on the nerve. A doctor may also cause an injury to the nerve of Erb's Palsy because they do not decide to perform a Cesarean section when it is clear that your child is likely to be difficult to deliver vaginally. If you believe that medical negligence caused your child's Erb palsy, you should seek out a Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your lawyer will assist you to determine the cost of your child's treatment and calculate your potential compensation amount. Settlements are the most commonly used method of settling cases. They provide more complete financial compensation, and faster than going to trial. What happens if you file a lawsuit? If your child's Erb's palsy was the result of negligence on the part of a medical professional or negligence, your family should be compensated. This will cover future treatment, therapy, and other expenses associated with the nerve damage your child suffered. 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 during the birth. They can also rely on medical experts to give testimony on your child's injury and the reasons for it. In many instances, Erb's palsy is the result of a medical professional pulling on the baby too hard to assist with the birth. This can result in traction injuries to the brachial plexus. 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 obtained all the evidence needed for the case, they'll file an action against the defendants. The defendants will then have approximately 30 days to respond. The next step is the discovery phase, in which your lawyer as well as the legal team representing the defendant will gather additional evidence to back their sides of the case. This can include expert reports as well as depositions of witnesses and other documentation. Depending on the outcomes of the investigation, your case will likely be settled out of court or go to trial. What is the maximum amount I can expect to receive in a lawsuit should I win? There is no average settlement amount, since each case is different. Our legal team will fight for you an appropriate settlement. We will consider your expenses, which include the cost of treatment and any loss of income. We can also help prepare you for any taxes which could apply to your settlement. Many cases of Erb's Palsy could have been prevented by taking proper care. This is why we would like to examine your case no cost and determine if you have a legal basis to sue. erb's palsy attorney grand rapids is the cause of numerous birth injuries. This means that a doctor or nurse made a mistake that adversely affected your child's wellbeing. These errors may include the improper use of vacuum devices or forceps when trying to deliver the child in an unusual position or size in the womb and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the baby's head and shoulders during the delivery process. Medical professionals are aware of the dangers and should be avoided. If your child has suffered an injury due to medical negligence during labor or birth, please contact us for a free case evaluation.