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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors can stretch or tear brachial plexus if not cautious during birth. This type of injury is usually caused by medical negligence, and can result in Erb's Palsy in newborns. Compensation can assist families with medical bills as well as for treatment. A lawsuit for Erb's palsy 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. The result is that the arm may be weak or inactive and the child may have difficulty using it. A physical therapist can help improve the condition. In certain cases it is necessary to undergo surgery to repair or replace damaged nerve fibers. Unfortunately, however, 20 percent of children who suffer from Erb's palsy don't recover in any way that is measurable. A medical professional could cause an Erb's Palsy injury during a difficult birth if he or she uses excessive force or pulls on the infant's shoulders to assist the infant emerge from the birth canal. This is known as shoulder dystocia, and it can happen in any delivery but is most common when a baby is heavier than average or has been born breech. Doctors must be aware the risk factors and follow specific protocols when giving birth to prevent such complications. This is called the standard of care. Infractions to this standard may result in severe injuries to both mother and child. If your child has suffered an injury to the brachial plexus An attorney for Erb's palsy can assist you in filing an action to recover financial compensation. The money will be used to cover the cost of your child's treatment and enhance the quality of his or her life. How do I file a suit? Erb's psoriasis is among the most common birth injuries that result from medical malpractice. It is a condition that damages the nerve system in the baby's shoulders and neck, called the brachial plexus. This condition can result in significant physical and financial burdens for your family. It is important to collaborate with a Long Island Erb's palsy lawyer to determine the complete extent of your child's injuries as well as the costs associated with them. Medical professionals are trained to spot shoulder dystocia risk factors during labor and birth and should be able prevent these injuries. A physician or other medical professional could trigger Erb's – Palsy when they aren't aware that the delivery is becoming complicated and take the wrong steps to help the baby get out. This can result in pulling on nerves. A doctor can also trigger Erb's Palsy by not performing a Cesarean Section when it is clear that your child will be difficult to deliver vaginally. If you believe that your child's Erb's Palsy was caused by medical malpractice, you should work with a Long Island Erb's Palsy Lawyer to submit a claim against responsible parties. Your lawyer will assist you to determine the cost of your child's treatment as well as calculate your possible compensation amount. Settlements are the most commonly used method of settling cases. They provide greater financial settlement and are faster than a trial. What happens in a lawsuit? Your family can claim compensation if medical negligence led to your child's Erb palsy. This compensation could cover future therapy, treatment and other expenses that come along with the nerve damage your child suffered. An Erb's palsy suit is a kind of medical malpractice claim. Your lawyer will examine the birth records of your child to determine whether there was negligence on the part of the doctor who delivered your child. They could also employ medical experts to give testimony on the injuries your child sustained and the reasons for it. In many cases, Erb's paralysis is the result of a medical professional pulling on the baby too hard to help in the birth. This can cause trauma to the brachial plexus. This is a typical problem during shoulder dystocia, where a baby's shoulders become stuck in the birth canal. This could cause excessive downward pressure on a woman's head, neck or shoulders. After your lawyer has obtained all the evidence needed and has filed a lawsuit against the defendants. The defendants have 30 days to respond. The next step is discovery, where your lawyer and the legal team of the defendant will collect additional evidence to support their respective arguments. This may include depositions of witnesses, expert reports and other documentation. Your case may settle out of court or go to trial depending on the outcome of your discovery. How much can I expect to win in a lawsuit? There isn't a standard settlement amount, since each case is different. Our legal team will fight for you an appropriate settlement. We take into consideration all of your expenses, including treatment costs, and lost income. We can assist you in preparing for any tax implications that might apply to your settlement. Many cases of Erb's palsy could have been avoided with proper care. We will review your case for free to determine if there's grounds to file a suit. Many birth injuries are the result of medical negligence, which means an obstetrician or nurse made an error that negatively impacted your child's health. erb's palsy attorney tempe can be caused by the improper use of forceps, or vacuum devices, or attempting to deliver a baby that has an abnormal size or position in the womb and shoulder dystocia when delivering. Most often, the reason for shoulder dystocia is due excessive pulling or stretching of the infant's head and shoulders during a difficult or prolonged delivery. These risks are well-known by medical experts and should be avoided. If your child sustained an injury due to medical negligence during labor or delivery, contact us for an evaluation of your case for free.