Erb's Palsy Litigation
A child suffering from erb's palsy may be eligible for compensation to pay for medical treatment and future expenses. These funds can also help families cope with the emotional trauma caused by this birth injury.
Your lawyer will examine your medical records and determine how much your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
If a child has Erb's syndrome, it can be devastating for their entire family. The condition can cause swelling, pain and disability that may affect a child's ability to use their hands for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families in obtaining compensation for the losses they have suffered.
The first step of filing the medical malpractice claim is to gather evidence of negligence. This includes medical documents and witness statements. The attorney will review the documents and may have to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. They will give you their opinion on whether the Erb's Palsy in your child was caused by an error in medicine or natural causes.
There are many factors that can trigger Erb's palsy. Most often, a doctor uses excessive force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves leading to the condition. There are fortunately, specific techniques that physicians can employ to stop this from occurring. If your child has been diagnosed with this birth injury, you should consult a lawyer right away to file a lawsuit. A successful case could help pay for medical bills and other expenses related to the injury. This can help reduce the financial burden and improve your child's quality of life.
Expert witness reports
A medical professional is needed to analyze your Erb's palsy case. They will give their opinion on the cause of the injury and whether it was due to negligence by a physician. The expert will also assist you to determine the extent of your injuries and how they could affect your life in the future.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more common during vaginal births, but may also occur during c-sections. This injury occurs when doctors move the shoulders of a baby to facilitate delivery. The process can stretch and tear the nerves in the armpit and cause permanent damage.
In certain cases the injury may be treated with surgery, but it may still cause problems. Children with this condition may not be able raise their hands or use their arms. This can affect their daily living and, in particular, if it stops them from playing sports or performing everyday tasks. Certain people may benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons to support weaker ones.
When you file a claim, your lawyer will collect the most evidence possible and then submit it to defense attorneys of the defendants. The defendants have 30 days to respond. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can get compensation for the harm their children suffered by filing
Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding the accountable parties accountable. Our lawyers have the expertise and resources to thoroughly examine your child's case and determine if an error by a medical professional led to the brachial plexus injury.
One of the most frequent instances of medical malpractice causing Erb's syndrome is when a doctor puts too hard on a baby's head, neck or shoulders during labor and birth. This may be due to the incorrect use of forceps or vacuum extractors and a long labor that causes stress on a baby's head and shoulders, or shoulder dystocia.
Some babies with
Erb's palsy recover completely and can move their arm normally again. Some babies sustain permanent nerve damage, and may be disabled for the rest of their lives. The majority of cases of Erb's palsy can be avoided and are caused by medical malpractice during labor and birth.
Our attorneys will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all medical documents and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions, additional medical records, and expert opinions. Most
Erb's palsy lawsuits end in settlement, however we're prepared to take your case to trial if needed.
Trial preparation
The final stage of seeking compensation for a child's brachial nerve injury is to present your case before a jury or judge. Your Erb's palsy lawyer will attempt to show that the healthcare professional did not act in a reasonable way under a specific set of circumstances, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.
Typically, the parties will settle the case prior to trial. The goal of the settlement is to satisfy both parties' needs and end the lawsuit. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of the compensation is based on the severity the injury and the amount of medical treatment will be required in the future.
Children with brachial-plexus injuries have to face huge costs and often struggle to cover the costs. A lawsuit against Erb's Palsy could offer financial relief to families who may have to incur expenses in treating their children's illness. It also helps cover lost wages if the injury hinders the ability of a child to work in the future. It also helps to ease the physical and emotional stress of having an injury that has a profound impact on a child's life. A family lawyer with experience in the field of Erb's Palsy will assist families in obtaining the compensation they are entitled to.