Erb's Palsy Litigation
A child suffering from
erb's palsy lawyers paralysis could be eligible for compensation to cover treatment and future medical expenses. These funds may also help families deal with the emotional trauma that comes from this birth injury.
Your lawyer will review your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
It can be devastating for the family of a child who has the condition Erb's - Palsy. The condition can cause pain, swelling and disability that may affect the child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families recover compensation for their losses.
The first step in filing a claim for medical negligence is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will give their opinion on whether the child's Erb's palsy was caused by a doctor's error or due to natural causes.
Several factors can lead to Erb's palsy. The most common reason is when a physician uses excessive force during labor and birth. This can cause strain or tears to the brachial nerves, which can cause the condition. Fortunately, there are specific methods that doctors can employ to stop this from happening. You should consult with an attorney as soon as your child was diagnosed with this birth defect. Compensation from a successful claim can help pay for the medical bills of your child and other expenses associated with the injury. This can help ease the financial burden of your child and improve the quality of their life.
Expert Witness Reports
A medical expert will be required to examine your case of Erb's palsy and give a final opinion on the cause of the injury and if it was due to the negligence of a doctor. The expert will also help determine the severity of your injuries and how they may impact your life in the future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more common in vaginal births, but can occur during c-sections. The injury is typically caused when doctors have to move a baby's shoulders to facilitate delivery. The procedure can tear and stretch the armpit nerves causing permanent damage.
The injury is sometimes repaired by surgery, but it could cause complications. Children suffering from this condition may not be able to lift their hands or use their arms. This can negatively impact their quality of living, especially if it prevents them from playing activities or doing everyday tasks. Some people can benefit from the procedure of muscle transfer in which surgeons place stronger muscles or tendons to help support weaker ones.
When you file a claim your lawyer will gather the most evidence possible and send it to attorneys for the defendants. The defendants will then have 30 days to respond to your claim. The court will then schedule your Erb's Palsy trial.
Documentation
Erb's palsy lawsuits assist families to receive compensation for injuries suffered by their children. They also help prevent future medical errors by holding responsible parties liable. Our lawyers have the expertise and resources to fully investigate your child's medical history and determine if negligence by a medical professional contributed to his or her brachial plexus injury.
Erb's spalsy can be caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during birth. This can be caused by the improper use or vacuum extractors. It could also be caused by a prolonged labor that puts stress on the baby's shoulders and head.
A few babies who suffer from Erb's paralysis will fully recover and be capable of moving their arms in a normal way. However, some babies suffer permanent nerve damage and suffer from a disability for the duration of their lives. The majority of cases of
Erb's Palsy can be prevented and are caused by medical malpractice during labor and delivery.
After the medical records and other evidence is taken, our attorneys will start a lawsuit against defendants, typically the hospital or doctor involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This includes depositions and other medical documents. Expert opinions are also incorporated. The majority of Erb's palsy lawsuits result in settlement, however we're prepared to take your case all the way through trial if needed.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus in children is to argue before a judge or jury. Your Erb's palsy lawyer will attempt to prove that the healthcare professional did not act in a reasonable way under a specific situation, while the defendant's attorneys will try to convince the judge or
Erb's palsy attorney jury that the healthcare professional behaved reasonably.
Typically, the parties settle the case prior to trial. The intention is to satisfy both parties' interests and also to close the case. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent on the severity and future medical needs of the injury.
Children who suffer from brachial plexus injury often struggle to pay for the expenses. A lawsuit for Erb's Palsy can offer financial compensation to families who may have to pay for treatment costs for their children's ailments. It can also pay for lost earnings, if the injury can affect a child's future capacity to work. In addition, it helps deal with the emotional and physical stress of living with an injury that can alter the course of life. An experienced
Erb's palsy attorney can assist families in pursuing the damages they deserve.