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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't vigilant, they can stretch or tear the brachial nerve during the birth. This injury could be the result of medical malpractice and may cause Erb's palsy in infants. Compensation can aid families in paying medical bills and also for treatment. An Erb's Palsy lawsuit could 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. In the result, the arm may be weak or inactive, and the child may be unable to use it. A physical therapist can aid in improving 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 are not able to recover in any way. A medical professional may cause an Erb's palsy injury during a difficult birth in the event that he or she employs excessive force or pulls on the infant's shoulders to assist the infant emerge from the birth canal. This is referred to as shoulder dystocia, and it can occur during any birth however it is more common when a baby is heavier than average or was born to the side of the birth canal. Doctors must be aware of the risk factors and adhere to specific protocols when delivering babies to avoid these complications. This is called the standard of care, and failure to adhere to this standard can result in serious injuries for the mother and the child. A lawyer from Erb's Palsy can help you file a lawsuit to receive an amount of money when your child has suffered an injury to the brachial-plexus. This money can help pay for the treatment of your child and provide him or her with better quality of life. How do I file suit? Erb's palsy is a frequent birth injury that is caused by medical negligence. This condition can damage the brachial system of nerves situated in the neck of the baby and shoulders. This condition can cause substantial financial and physical costs for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the extent of your child's injuries and the expenses associated with them. Medical professionals are trained to recognize shoulder dystocia risk factors during labor and delivery, and they should be able prevent these injuries from happening. A medical doctor or another professional could trigger Erb's – Palsy in the event that they do not realize the delivery is getting complicated and they take insufficient measures to get the baby out. This could result in pulling on nerves. A doctor may also cause Erb's Palsy by not performing the Cesarean Section when it is clear that your child is difficult to deliver vaginally. If you think your child's Erb's Palsy was a result of medical malpractice it is recommended that you work with an Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your attorney will assist in calculating the compensation amount and will also determine the future costs associated with the care of your child. Most cases are settled via settlements that provide faster and more complete financial compensation than taking the case to trial. What happens in a lawsuit? Your family may be entitled to compensation if medical negligence led to your child's Erb palsy. This compensation could cover future therapy, treatment and other costs associated with the nerve damage of your child. An Erb's Palsy lawsuit is a kind of medical malpractice claim. The lawyer will go over the birth records of your child to determine if there was negligence on the part of a doctor during delivery. They may also ask medical experts to testify about the cause of the injury and how it occurred. Erb's palsy can be caused by a healthcare professional pulling too hard on the baby to help in the birth. This can lead to traction injuries in the brachialplexus. This is a frequent issue in shoulder dystocia. The shoulders of the newborn can get stuck in a woman's birth canal, creating excessive downward pressure. After your lawyer has obtained all the evidence needed, they will file an action against the defendants. The defendants then 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 arguments. erb's palsy attorney mountain view may include depositions of witnesses, expert reports, and other evidence. Based on the outcomes of the investigation, your case may settle out of court or go to trial. What is the maximum amount I can expect to win in a lawsuit, if I win? Each case is unique There is no standard settlement amount. The goal of our legal team is to pursue an amount that is fair to you. We will consider all your expenses, including treatment costs, and lost income. We can also help you prepare for any taxes that may be applicable to your settlement. With proper care, many cases of Erb’s palsy would be avoided. This is why we would like to review your case free and determine if you are able to file a lawsuit. Medical negligence is the cause of many birth injuries. This means that a doctor or nurse made a mistake which negatively affected your child's well-being. These errors include the improper use of vacuum devices or forceps, trying to deliver children with an abnormal position or size in the womb and shoulder dystocia. Shoulder dystocia is often caused by excessive pulling or stretching of the infant's shoulders and head during the delivery process. Medical professionals are aware of the risks and suggest they be avoided. Contact us for a free review of your case if you believe that medical negligence led to an injury to your child during labor or delivery.