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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit If doctors aren't cautious they can stretch or tear the brachial plexus during the birth. This injury is often caused by medical negligence, and can cause 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 could also cover 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 have difficulty using it. A physical therapist might be able help to improve the condition. In some cases, surgery may be required to repair or replace damaged nerve fibers. Unfortunately 20 percent of Erb's Palsy children don't 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 known as shoulder dystocia. It can happen in any delivery. However, it is more common when the infant is bigger than the average or is born with a breech birth. Doctors need to be aware of the risk factors and adhere to specific protocols when they deliver babies to avoid these complications. erb's palsy attorneys hampton is known as the standard of care and a failure to adhere to this standard could result in serious injuries for the mother and child. A lawyer for Erb's 'Palsy' can help you file an action for monetary compensation for your child who has suffered an injury to the brachial plexus. This money can be used to cover the cost of your child's treatment and to improve the quality of life. How do I make a claim? Erb's Palsy is a common type of birth injury that is caused by medical negligence. It is a condition that harms the nerves' network that connect the neck and shoulders, referred to as the brachial plexus. This condition can have significant physical and financial burdens for your family. You should consult an Long Island Erb’s palsy attorney to determine the full extent and cost of your child's injuries. Medical professionals are trained to spot shoulder dystocia risk factors during labor and birth, and they must be able to stop these injuries from happening. Sometimes, a doctor or another medical professional could trigger an injury called Erb's Palsy due to the fact that they don't know that a delivery is becoming more complicated, and are not taking the proper steps to get the baby out of the womb which can result in pulling too far on nerves. A doctor may also cause Erb's Palsy if they do not perform a Cesarean Section when it is obvious that your child will be difficult to deliver vaginally. If you believe your child's condition was the result of medical negligence and you want to work with a Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. The lawyer will assist you in calculating the possible compensation amount and determining future costs of your child's treatment. Most cases are settled through settlements, which can provide quicker and more comprehensive financial compensation than going to trial. What happens during a lawsuit? Your family may be entitled to compensation if medical negligence caused your child's Erb palsy. This can help cover the cost of treatment in the future or therapy as well as other costs related to your child's nerve damage. A medical malpractice lawsuit for Erb's Palsy is a type of Erb's Palsy. Your lawyer will look over the birth records of your child to determine if a physician acted negligently during the birth process. They can also rely on medical experts to provide testimony on your child's injury and the underlying causes. In many cases, Erb's palsy is the result of medical professionals pulling on the baby too hard to assist with the birth. This can lead to injury to the brachialplexus. This is a typical problem in shoulder dystocia. The shoulders of the newborn can get stuck in a birth canal, causing excessive downward pressure. Once your lawyer has collected the evidence required and gathered the necessary evidence, they will file a lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase in which your lawyer as well as the defendant's legal team will collect additional evidence to support their arguments. This may include depositions of witnesses, expert reports and other evidence. Based on the results of the discovery, your case will likely settle out of court, or go to trial. How much can I expect to receive in a court case if I win? Every case is unique and therefore there is no standard amount for settlement. The goal of our legal team is to fight for a settlement that is fair to you. We consider all of your expenses, such as treatment costs and lost income. We can also help prepare you for any taxes that might apply to your settlement. Many cases of Erb's paralysis could have been prevented with proper care. This is why we would like to examine your case for free and see if you have grounds for a lawsuit. Many birth injuries are the result of medical negligence, which means that the doctor or nurse committed an error that negatively impacted the health of your child. These errors can be traced to the improper use of forceps or vacuum devices when trying to deliver babies with an abnormal size or position in the womb, and shoulder dystocia. Most of the time, the cause for shoulder dystocia is due excessive pulling or stretching of the infant's head and shoulders during a prolonged or difficult delivery. These risks are well known by medical professionals and should be avoided. If your child sustained an injury due to medical negligence during labor and delivery, contact us for an assessment of your case at no cost.