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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 muscle during delivery. This injury could be a result of medical negligence and may lead to Erb's palsy in infants. Compensation can help families pay for medical bills and treatments. A lawsuit for Erb's palsy could also cover emotional trauma. What is Erb's palsy? In Erb's syndrome there is a nerve system in the arms and neck (the brachial plexus) is damaged. The arm could become weak or inactive, and the child may struggle to use it. A physical therapist might be able to assist in improving the condition. In certain instances it is possible to undergo surgery to help heal or replace the damaged nerve fibers. Unfortunately, 20% of Erb's Palsy children don't recover in any way. A medical professional can cause an Erb's-Palsy injury during a difficult delivery when he or her uses excessive force or pulls on the baby's shoulders to assist the infant emerge from the birth canal. This is known as shoulder dystocia, and it can happen in any birth but is most common when a baby is larger than average or has been born with a breech birth. Doctors need to be aware of the risk factors and adhere to specific guidelines when giving birth to prevent such complications. This is called the standard of care. Infractions to this standard could lead to serious injuries to the mother and child. If your child has suffered a brachial plexus injury An attorney from Erb's Palsy can help you file lawsuits for compensation. This money can help pay for your child's treatment and help them enjoy the best quality of life. How do I file a suit? Erb's syndrome is a common type of birth injury that is caused by medical negligence. This condition can damage the brachial plexus, a network of nerves situated in the baby's neck and shoulders. This condition can result in substantial physical and financial costs for your family. It is advisable to speak with 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 the potential risk factors for shoulder dystocia during labor and birth, and they must be able to stop these injuries from happening. A medical doctor or another professional can cause Erb's Palsy when they aren't aware that the delivery is becoming more complicated and they take insufficient measures to get the baby out. This can result in pulling on a nerve. A doctor could also trigger Erb's psy by failing to perform an Cesarean Section when it is obvious that your child is difficult to deliver vaginally. If you suspect that medical negligence caused your child's Erb palsy, it is recommended that you consult an Long Island Erb Palsy Attorney to file a lawsuit against the responsible parties. Your attorney will help determine the cost for the future of your child's treatment and calculate your possible compensation amount. Settlements are the most frequent way to settle cases. They provide more complete financial compensation and are 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 will cover future treatment, therapy and other expenses that come along with the nerve damage of your child. An Erb's palsy suit is a form of medical malpractice claim. Your lawyer will review the birth records of your child to determine whether there was negligence on the part of a doctor during delivery. They may also request experts in the field to testify about the injury and its cause. Erb's palsy is often caused by a medical professional pulling too hard on the infant to assist during the birth. This can cause trauma to the brachial plexus. This is a common problem with shoulder dystocia. The baby's shoulders may become trapped in a woman's birth canal, causing excessive downward pressure. Once your lawyer has gathered the evidence required after which they file your lawsuit against the defendants. The defendants have 30 days to respond. The next step is the discovery phase which is where your lawyer and the defendant's legal team will gather additional evidence to support their sides of the case. This can include depositions of witnesses, expert reports and other documents. Your case could settle out of court or go to trial based on the outcome of your discovery. What is the maximum amount I can anticipate to win in a lawsuit if I win? There is no standard settlement amount, as every case is different. Our legal team will fight to get you an acceptable settlement. We will consider all your expenses such as treatment costs and lost income. erb's palsy law firm st charles can also help prepare you for any taxes that might apply to your settlement. Many cases of Erb's paralysis could have been avoided with proper care. We will examine your case free of charge to determine if there are grounds to bring a lawsuit. Medical negligence is the cause of numerous birth injuries. This means that a doctor or nurse made a mistake which negatively affected your child's wellbeing. These mistakes can be caused by the improper use of forceps and vacuum devices, attempting to deliver a baby who has an unusual 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 shoulders or head during a long or difficult delivery. Medical professionals are aware of these risks and suggest they be avoided. If your child has suffered an injury as a result of medical negligence during labor and birth, contact us for an evaluation of your case for free.