Erb's Palsy Lawsuit - How to File an Erb's Palsy Lawsuit
Doctors may stretch or tear brachial plexus if not careful during the birth. This injury can be the result of medical malpractice and can cause Erb's palsy in newborns.
Compensation can aid families in paying medical bills and to pay for treatment. An Erb's palsy lawsuit may also be able to cover emotional trauma.
What is Erb's palsy?
In erb's palsy law firm ann arbor , the brachial plexus (a network of nerves located in the neck and arms) is damaged. In the result, the arm could be weak or inactive and the child may be unable to use it. A physical therapist may be able to help improve the condition. In some cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately 20 percent of the Erb's-Pasy children are not able to recover in any way.
Erb's Palsy is often caused by medical professionals who pull or applies excessive force to the shoulders of the baby to assist them emerge from the birth canal. This is called shoulder dystocia. It can occur at any time during a delivery. However, it's more common when the baby is bigger than the average or is born in a breech position.
Doctors must be aware the risk factors and adhere to specific protocols when giving birth to avoid such complications. This is known as the standard of care. Failure to follow this standard could result in serious injuries to the mother and child.
If your child has suffered an injury to the brachial plexus, an Erb's palsy lawyer can assist you in filing lawsuits for compensation. This money can be used to pay for your child's treatment and allow them to enjoy a better quality of life.
How do I start a lawsuit?
Erb's Palsy is one of the most commonly occurring birth injuries caused by medical malpractice. The condition causes damage to the brachial plexus, a network of nerves that are located in the neck of the baby and shoulders. This condition can have significant physical and financial burdens for your family. It is essential to work with a Long Island Erb's palsy lawyer to determine the totality of your child's injuries and the costs that go along with them.
Medical professionals are trained to identify shoulder dystocia risks during labor and delivery and should be able stop these injuries. A doctor or medical professional can cause Erb's Palsy when they aren't aware that the delivery is becoming more complicated and take the wrong steps to remove the baby. This can result in pulling on nerves.
A doctor could also cause an injury to the nerve of Erb's Palsy since they may not choose to perform a Cesarean section when it is clear that your child will be difficult to deliver vaginally. If you suspect that medical malpractice caused your child's Erb palsy, seek out a Long Island Erb Palsy Attorney to start a lawsuit against responsible parties. Your attorney will help determine the cost of your child's treatment as well as calculate your possible compensation amount. Settlements are the most popular method of settling cases. They provide more complete financial compensation, and quicker than going to trial.
What happens in a lawsuit?
Your family members are entitled to compensation if medical negligence caused your child's Erb palsy. This will help pay the cost of any future treatment, therapy and other expenses connected to your child's nerve damage.
An Erb's palsy suit is a form of medical malpractice claim. Your lawyer will look over the birth records of your child and determine if a doctor was in a negligent way during the delivery process. They may also ask experts from the medical field to provide evidence on the injuries and their causes.
In many instances, Erb's palsy is caused by medical professionals pulling the baby too hard to help with the birth. This can result in injuries to the brachialplexus. This is a common problem when shoulder dystocia occurs. The shoulders of the newborn can become stuck in the woman's birth canal, creating excessive downward pressure.
After your lawyer has gathered the evidence required after which they file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery stage, which is where your lawyer and the legal team of the defendant will collect additional evidence to support their side of the story. This could include depositions of witnesses, expert reports, and other documentation. Depending on the results of the discovery, your case is likely to end up in court, or go to trial.
What is the maximum amount I can expect to win in a lawsuit should I win?
Every case is different and therefore there is no standard amount for settlement. Our legal team will fight to get you an acceptable settlement. We take into consideration all of your expenses, like treatment costs and lost income. Additionally, we will also help you prepare for any taxes that may be applicable to your settlement.
If properly treated, a number of cases of Erb's palsy could have been avoided. We will review your case free of charge to determine if there's grounds for a lawsuit.
Many birth injuries are the result of medical negligence, which means that the nurse or doctor made an error that negatively impacted the health of your child. These mistakes could include the incorrect use of forceps and vacuum devices, trying to deliver a baby that has an unusual size or position in the womb, and shoulder dystocia when delivering. The most common cause of shoulder dystocia is caused by excessive stretching or pulling of the baby's shoulders and head during a lengthy or difficult delivery. Medical experts are aware of the dangers and should be avoided. If your child sustained an injury as a result of medical negligence during labor and delivery, contact us to get an evaluation of your case for free.