Erb's Palsy Litigation
A child with erb's palsy might be eligible to receive compensation for medical treatment and future expenses. These funds can assist families in dealing with the trauma of birth.
Your lawyer will go through your medical records to determine the worth of your case. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
It can be devastating for families if a child is diagnosed with Erb's Palsy. The condition can cause pain and swelling that can make it difficult for children to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.
The first step to file a claim for medical negligence is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will look over these documents and may even require consultation with experts in obstetrics, anesthesia and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's palsy was caused by an error by a doctor or due to natural causes.
Erb's palsy can be caused by a variety of factors. Most often, doctors will use excessive force during labor and delivery. This can cause stretching or tears to the brachial nerves, which can cause the condition. There are fortunately, specific methods that doctors can employ to stop this from happening. If your child has been diagnosed with this birth injury, it is important to get in touch with a lawyer immediately to bring a lawsuit. A successful claim could be able to pay for medical bills and other costs related to the injury. This can ease the financial burden and improve your child's overall quality of life.
Expert Witness Reports
A medical expert will be required to evaluate your case of Erb's palsy and give an opinion about what caused the injury and whether it was due to negligence of a physician. The expert can also help determine the severity of your injuries and how they may affect your future.
Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common in vaginal births but can happen during c-sections. The injury is caused when doctors move the shoulders of a newborn to facilitate delivery. The procedure can tear and stretch the armpit's nerves creating permanent damage.
In certain cases the injury may be treated with surgery, but it can still cause issues. Children who suffer from this condition might not be able their hands or use their arms. This can be detrimental to their living quality particularly if it hinders them from participating in sports or
erb's palsy lawyers carrying out everyday tasks. Some people are able to benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons in order to support weaker ones.
Your lawyer will collect as the evidence you can and then send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After that the court will then schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can seek compensation for the injuries they suffered as children by filing lawsuits for Erb's palsy. In addition, they can prevent future medical errors by holding those responsible accountable. Our lawyers have the experience and resources to thoroughly examine your child's situation and determine if a medical professional's negligence led to his or her brachial plexus injury.
One of the most frequent instances of medical malpractice that causes Erb's Palsy is when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and birth. This may be due to the improper use of vacuum extractors or forceps, a long labor that causes stress on a baby's head and shoulders or shoulder dystocia.
Some babies with Erb’s palsy can fully recover and be capable of moving their arms normal. Some babies suffer permanent nerve damage, and may be disabled for the rest of their lives. Fortunately, the majority of cases of Erb's paralysis are preventable and the result of medical negligence during labor and delivery.
After the medical records and other evidence is taken into consideration, our lawyers will bring a lawsuit against the defendants, which is usually the hospital or doctor involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, additional medical records, and expert opinions. The majority of
Erb's Palsy lawsuits are settled, but we can consider bringing your case to trial if needed.
Trial preparation
The final step to pursue compensation for a child's brachial-plexus injury is to present your case before a jury or judge. Your
Erb's Palsy Lawyers palsy lawyer will attempt to show that the healthcare professional failed to act in a reasonable way under a specific situation, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted in a reasonable manner.
Typically, the parties will come to a deal prior to trial. This is designed to satisfy the desires of both parties and bring the case to a close. The plaintiffs will receive a lump sum of money and the lawsuit will come to an end. The amount of the compensation is contingent upon the severity of the injury and how much medical treatment is needed in the future.
Parents of children with brachial plexus injury face substantial expenses and often have to pay for them. A lawsuit for Erb's Palsy can offer financial compensation to families who may have to pay for the treatment of their children's ailments. It can also pay for lost earnings, if the injury hinders a child's ability to work. It can also help cover the emotional and physical stress of dealing with an injury that can have an immense impact on the life of a child. A family attorney who has experience in the field of Erb's Palsy will help families get the damages they are entitled to.