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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 careful during the birth. This injury could be the result of medical malpractice and can cause Erb's palsy in infants. Compensation can help families pay medical bills as well as for treatment. A lawsuit for the condition Erb's Palsy may also cover emotional trauma. What is Erb's palsy? In Erb's Palsy, the brachial plexus (a network of nerves that runs through the neck and arms) is damaged. The arm may become weak or inactive, and the child may struggle to use it. A physical therapist may be able to assist in improving the condition. In certain cases surgery may be necessary to repair or replace damaged nerve fibers. Unfortunately 20% of Erb's Palsy children do not recover in any way. Erb's Palsy is often caused by medical professionals who pull or exerts excessive force on the shoulders of the infant to help them get out of the birth canal. This is referred to as shoulder dystocia and it can happen in any delivery however it's more frequent when a baby is heavier than average or born with a breech birth. Doctors must be aware of the risk factors and adhere to specific protocols when giving birth to prevent such complications. This is called the standard of care. Infractions to this standard can result in serious injuries to both mother and child. If your child has suffered from an injury to the brachial plexus An attorney from Erb's Palsy can assist you in filing lawsuits for compensation. The money will be used to pay for your child’s treatment and improve the quality of his or her life. How do I do I file a lawsuit? Erb's syndrome is a frequent birth injury that is caused by medical negligence. This condition affects the network called brachial plexus of nerves located in the neck of the baby and shoulders. This condition can cause significant physical and financial burdens for your family. You should consult an Long Island Erb’s palsy attorney to determine the extent and costs of your child's injuries. Medical professionals are trained to spot the risk factors for shoulder dystocia during labor and birth, and must be able to stop these injuries from occurring. A doctor or other medical professional can trigger Erb's Palsy in the event that they do not realize the delivery process is getting more complicated and take unnecessary measures 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 due to the fact that they fail to perform an Cesarean section when it is evident that your child will be unable to deliver vaginally. If you believe that medical malpractice was the cause of your child's Erb palsy, it is recommended that you consult an Long Island Erb Palsy Attorney to bring a lawsuit against the responsible parties. The lawyer will assist you in calculating the possible compensation amount and will also determine the future costs associated with your child's care. Most cases are settled via settlements that provide faster and more comprehensive financial compensation than going to trial. What happens in a lawsuit? If your child's condition of Erb's palsy was the result of negligence on the part of a medical professional, your family deserves compensation. This compensation can cover future therapy, treatment, and other expenses associated with the nerve damage your child suffered. A medical malpractice lawsuit for Erb's Palsy is a form of Erb's Palsy. 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 use medical experts to provide testimony on your child's injury and the causes. In many cases, Erb's paralysis is caused by a medical professional pulling the baby too hard to assist in the birth. This can result in injuries to the brachialplexus. This is a frequent issue when it comes to shoulder dystocia. babies' shoulders are stuck in the birth canal and can lead to excessive downward pressure on the head of a woman's, neck or shoulders. After your lawyer has collected all the evidence required for the case, they'll file a lawsuit against the defendants. The defendants will then have 30 days to respond. The next step is the discovery stage, which is where your lawyer and the defendant's legal team will gather additional evidence to back their side of the story. This can include depositions of witnesses, expert reports, and other documents. Based on the results of the discovery, your case will likely end up in court, or go to trial. What amount can I expect to win in a lawsuit? Every case is unique, so there is no standard settlement amount. Our legal team will fight for you an appropriate settlement. We take into consideration all your expenses such as treatment costs and lost income. We can also prepare your tax return for any taxes which could apply to your settlement. If properly treated, a number of cases of Erb's palsy could have been prevented. This is the reason we want to review your case for free to determine if we have grounds to sue. Many birth injuries are caused by medical negligence. This means the doctor or nurse committed an error that adversely affected your child's health. erb's palsy lawyer san bernardino may include the improper use of forceps or vacuum devices when trying to deliver children with an abnormal position or size in the womb and shoulder dystocia. The most common cause of shoulder dystocia can be traced to excessive stretching or pulling of the infant's shoulders and head during a lengthy or difficult delivery. Medical experts are aware of these dangers and should be avoided. If your child sustained an injury as a result of medical negligence during labor or delivery, contact us for a no-cost case evaluation.