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Erb's Palsy Lawsuit – How to File an Erb's Palsy Lawsuit Doctors may stretch or tear brachial plexus if not careful during delivery. This type of injury is usually caused by medical malpractice and can lead to Erb's palsy in newborns. Compensation can help families pay for medical bills and treatments. An Erb's Palsy lawsuit could also be able to cover emotional trauma. What is Erb's palsy? In Erb's palsy the nerve network of the neck and arms (the brachial plexus) is damaged. The arm can become weak or inactive and the child might struggle to use it. A physical therapist may be able to help improve the condition. In certain instances surgical procedures can be done to help restore or replace damaged nerve fibers. However 20% of children with Erb's syndrome do not recover to a certain degree. Erb's Palsy can be caused by a medical professional who pulls or exerts excessive force on the shoulders of the infant to help them emerge from the birth canal. This is referred to as shoulder dystocia. it can happen during any delivery but is most common when a baby is heavier than average or is born in a breech position. Doctors should be aware of the risk factors and follow specific guidelines when giving birth to avoid these complications. This is called the standard of care, and the non-observance of this standard could lead to serious injuries for the mother and child. A lawyer for Erb's Palsy can help you file an action for an amount of money for your child who has suffered an injury to the brachial plexus. This money can help pay for your child's treatment and help them enjoy an improved quality of life. How do I start a lawsuit? Erb's syndrome is a common birth injury caused by medical negligence. It is a condition that harms the nerves' network in the neck and shoulders, referred to as the brachial plexus. This condition can cause substantial financial and physical costs for your family. It is advisable to speak with an Long Island Erb’s palsy attorney to determine the full extent and costs of your child's injuries. Medical professionals are trained to spot shoulder dystocia risk factors during labor and delivery and should be able to avoid these injuries. Sometimes, a doctor or medical professional may cause an Erb's palsy injury because they don't know that the process of delivery is becoming complicated and make unnecessary steps to pull the baby out of the womb that could lead to pulling too heavily on nerves. A doctor could also cause an Erb's palsy nerve injury because they don't decide to perform an Cesarean section in the event that it is obvious your child will be unable to deliver vaginally. If you believe that your child's condition was the result of medical negligence it is recommended that you work with a Long Island Erb's Palsy Lawyer to make a claim against the responsible parties. Your attorney will assist you in calculating the potential compensation amount and determining the future costs of the care of your child. The majority of cases are settled by settlements, which provide faster and more comprehensive financial compensation than taking the case to trial. What happens in a lawsuit? Your family members are entitled to compensation if medical negligence caused your child's Erb palsy. This can be used to pay for future treatment, therapy, and other expenses associated with the nerve damage your child suffered. An Erb's Palsy lawsuit is a medical malpractice claim. Your lawyer will examine the birth records of your child to determine if the doctor acted in a negligent manner during the delivery process. They may also use medical experts to give testimony on your child's injury and its 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 trauma to the brachial plexus. This is a frequent issue with shoulder dystocia, in which the baby's shoulders are entangled in the birth canal and can cause excessive downward pressure on the head of a woman's, neck or shoulders. After your lawyer has obtained all the evidence needed and has filed a lawsuit against the defendants. The defendants will have about 30 days to respond. The next step is the discovery stage, in which your lawyer as well as the legal team of the defendant will collect additional evidence to support their sides of the case. This could include expert opinions as well as depositions of witnesses and other documents. Based on the results of the discovery, your case may be settled out of court or go to trial. What is the maximum amount I can expect to win in a lawsuit should I win? There isn't a standard settlement amount because each case is different. Our legal team will fight for you an acceptable settlement. We will consider your expenses, including treatment costs as well as any loss of income. Additionally, we will assist you in preparing any taxes that may be applicable to your settlement. Many cases of Erb's paralysis could have been prevented by taking proper care. We will examine your case at no cost to determine if there are grounds to bring a lawsuit. Medical negligence is the cause of many birth injuries. This means that a doctor or a nurse made a mistake that adversely affected your child's wellbeing. These mistakes can be caused by the improper use of forceps or vacuum devices, or attempting to deliver a baby who has an unusual size or position in the womb and shoulder dystocia in the delivery. Most of the time, the cause for shoulder dystocia is caused by excessive pulling or stretching of the infant's shoulders and head during a long or difficult delivery. erb's palsy attorney rochester hills are aware of the risks and they should be avoided. If your child sustained an injury due to medical negligence during labor and birth, please contact us for a free case evaluation.