Erb's Palsy Litigation
A child who has erb's syndrome may be eligible for compensation to pay for medical treatment and future expenses. These funds may also help families cope with the emotional trauma that comes from this birth injury.
Your lawyer will examine your medical records and determine how much your case is worth. The lawsuit will be filed, and the defendants will have 30 days to respond.
Medical Records
It can be devastating for families when a child has Erb's Palsy. The condition can cause swelling and pain that can make it difficult for children to do basic tasks like 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 malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will provide their opinion on whether the child's Erb's palsy was the result of an error by a doctor or due to natural causes.
Several factors can lead to Erb's Palsy in a variety of ways. The most common reason is when a doctor applies excessive force during labor and birth. This can cause strain or tears to the brachial plexus nerves which can cause the condition. Fortunately, there are specific methods that doctors can employ to prevent this from happening. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to bring a lawsuit. A successful lawsuit could aid in the payment of medical bills and other expenses related to the injury. This can alleviate financial burdens and improve your child's overall quality of life.
Expert Witness Reports
A medical professional is required to look over your
erb's palsy law firm case and give a final opinion on the cause of the injury and if it was caused by negligence of a physician. The expert will also help determine the severity of your injuries and how they will affect your future.
Erb's Palsy is caused by a birth injury to the brachial plexus. This is more common during vaginal births, but it can also occur during C-sections. The injury is often caused when doctors need to move the baby's shoulders in order to facilitate the delivery. The procedure can tear and stretch the nerves of the armpit which can cause permanent damage.
In certain instances the injury can be repaired with surgery, but it can still cause problems. Children suffering from this condition may not be able to raise their hands or use their arms. This can have a negative impact on their daily living and can hinder them from participating in activities or doing everyday tasks. Some people are able to benefit from muscle transfer surgeries in which surgeons place stronger muscles or tendons to support the weaker ones.
Your lawyer will gather 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. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's lawsuits for palsy help families receive compensation for their children's injuries. They also can prevent future medical errors by holding responsible parties liable. Our lawyers have the experience and resources to fully investigate 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 that causes Erb's palsy occurs when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and birth. This could be due to the improper use or vacuum extractors. It could also be due to a long labor that causes stress to the baby's shoulders and head.
Some babies suffering from Erb's palsy recover completely and will be able to move their arms in a normal way. However, some babies have permanent nerve damage and be disabled for the remainder of their lives. Thankfully, the majority of cases of Erb's syndrome are preventable and result of medical negligence during labor and delivery.
Our attorneys will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process begins once the lawsuit has been filed. This could include depositions, other medical documents, as well as expert opinions. The majority of Erb's palsy lawsuits result in settlement, but we are prepared to take your case all the way through trial if needed.
Trial preparation
The final step in seeking compensation for injuries to the brachial plexus suffered by children is to present arguments before a jury or judge. Your
erb's palsy law firms Palsy lawyer will try to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The attorneys representing the defendant will try to convince a jury or judge that they were able to act in a reasonable manner.
In most cases, the parties come to an agreement before trial. This is designed to satisfy the interests of both parties and bring the case to an end. 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 requirements of the injury.
Parents of children with brachial plexus injuries face significant costs and often struggle to cover these costs. A lawsuit for Erb's psy could offer financial relief to families who are likely to pay for the treatment of their children's illness. It also helps to cover lost wages if an injury has a negative impact on the child's ability to work in the future. In addition, it helps cover the physical and emotional stress of living with an injury that can alter the course of life. An experienced
Erb's palsy attorney can help families pursue the compensation they deserve.