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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors can stretch or tear brachial muscles if they're not attentive during the delivery. This injury is often caused by medical negligence, and can result in Erb's palsy in newborns. Compensation can aid families in paying medical bills and for treatment. A lawsuit involving Erb's palsy could also cover emotional trauma. What is Erb's palsy? In Erb's Palsy, the brachial plexus (a network of nerves in the neck and arms) is damaged. The arm could become weak or inactive, and the child may be unable to use it. A physical therapist might be able to assist in improving the condition. In some instances the need for surgery is to repair or replace damaged nerve fibers. Unfortunately, 20 percent of Erb's palsy children are not able to recover in any way. Erb's Palsy is often caused by a medical professional who pulls or uses excessive force on the shoulders of the infant to help them to emerge from the birth canal. This is referred to as shoulder dystocia. it can happen during any delivery however it is more common when a baby is bigger than average or born to the side of the birth canal. Doctors need to be aware of the risk factors and adhere to specific protocols when delivering babies to prevent such complications. This is known as the standard of care and the failure to follow this standard can result in serious injuries for the mother and the child. A lawyer for Erb's Palsy can assist you in filing an action for an amount of money for your child who has suffered an injury to their brachial plexus. This money can be used to pay for the treatment of your child and allow them to enjoy a better quality of life. How do I file a lawsuit? Erb's palsy is a common type of birth injury that is caused by medical negligence. erb's palsy lawsuit missoula damages the brachial plexus network of nerves located in the neck of the baby and shoulders. This condition can result in significant financial and physical expenses 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 recognize the risk factors for shoulder dystocia during labor and delivery and they should be able prevent these injuries from occurring. Sometimes a doctor or other medical professional could trigger an injury to the Erb's palsy because they don't know 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 much on a nerve. A doctor can also trigger an Erb's palsy nerve injury because they do not decide to perform an Cesarean section when it is clear that your child will be difficult to deliver vaginally. If you believe your child's Erb's Palsy was the result of medical malpractice and you want to work with a Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your lawyer will assist you in calculating the potential compensation amount and determining future costs associated with your child's treatment. Settlements are the most popular method of settling cases. They offer more complete financial compensation, and faster than going to trial. What happens if you are sued? Your family members are entitled to compensation for medical negligence that caused your child's Erb palsy. This compensation can cover future treatment, therapy and other costs associated with your child's nerve damage. 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 whether there was negligence on the part of the doctor during the birth. They could also employ medical experts to provide testimony on the child's injuries and the causes. In many instances, Erb's palsy is the result of medical professionals pulling on the baby too hard to help in the birth. This can cause traction injuries to the brachial plexus. This is a frequent issue during shoulder dystocia. the baby's shoulders are entangled in the birth canal. This can cause excessive downward pressure on the head of a woman's and neck or shoulders. After your lawyer has gathered the necessary evidence 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 process, which is where your lawyer and the legal team of the defendant gather additional evidence to prove their side of the story. This can include expert reports or depositions of witnesses, as well as other documents. Based on the outcome of the discovery your case may end up in court, or go to trial. What is the maximum amount I can expect to receive in a court case if I win? Every case is unique, so there is no standard amount for settlement. Our legal team will fight to secure you a fair settlement. We consider your expenses, which include the cost of treatment and any loss of income. We also assist in preparing your tax return for any taxes that could be a part of your settlement. Many cases of Erb's Palsy could have been prevented with proper treatment. We will examine your case free of charge to see if there are grounds to bring a lawsuit. Many birth injuries result from medical negligence, which means that the doctor or nurse committed an error that negatively affected your child's health. These errors can include improper use of forceps or other vacuum devices, attempting to deliver a baby that has an abnormal size or position in the womb, and shoulder dystocia in the delivery. Most of the time, the cause for shoulder dystocia is due excessive pulling or stretching of the baby's shoulders and head during a difficult or prolonged delivery. Medical professionals are aware of these dangers and should be avoided. If your child suffered an injury due to medical negligence during labor or delivery, contact us for a free case evaluation.