Erb's Palsy Litigation
A child suffering from erb's paralysis may be eligible for compensation to pay for treatment and future medical expenses. These funds can also help families cope 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
When a child suffers from Erb's syndrome, it can be devastating for their entire family. The condition can cause swelling and pain, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A lawsuit filed by a knowledgeable Erb's Palsy lawyer can help families get compensation for their losses.
The first step in filing an action for medical malpractice is to collect 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 as well as anesthesia and orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's syndrome was the result of an error made by a doctor, or due to natural causes.
Erb's Palsy is caused by a variety of causes. The most frequent cause is when a doctor exerts excessive force during labor and delivery. This can stretch or tear the brachial plexus nerves, which can cause the condition. There are strategies that doctors can employ to avoid this. It is recommended to speak with an attorney immediately if your child was diagnosed with this birth defect. A successful lawsuit could aid in the payment of medical bills and other costs related to the injury. This can help alleviate financial burdens and improve your child's overall quality of life.
Expert witness reports
An expert medical is required to examine your Erb's palsy case. They will provide their opinion on what caused the injury, and whether or not it was due to negligence by a physician. The expert can also help you determine how serious your injuries are and how they will affect your 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. The injury is typically caused when doctors must move the baby's shoulders in order to facilitate delivery. The process may stretch or tear the nerves in the armpit, causing long-term damage.
In some cases the injury may be repaired with surgery, but it may still cause issues. Children suffering from this condition may not be able to use their arms or raise their hands. This could be detrimental to their quality of life, especially if it prevents them from playing activities or doing everyday tasks. Some people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons in order to support weaker ones.
Your lawyer will collect as the evidence you can and forward it to the attorneys 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
Families can receive compensation for the injuries they suffered as children by filing
Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers are equipped with the experience and resources needed to investigate your child's injuries and determine whether the negligence of a medical professional caused the injury.
One of the most frequent instances of medical malpractice that causes Erb's palsy is when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and birth. This could be due to the incorrect use of forceps or vacuum extractors, a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.
Some children with Erb's Palsy will fully recover and be able to move their arms normally again. However, some babies have permanent nerve damage and will suffer from disability for the duration of their lives. Most cases of Erb's paralysis can be avoided and result from medical negligence during labor and birth.
Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, additional medical documents, as well as expert opinions. Most
Erb's palsy lawsuits end in settlements, but we're ready to take your case to trial if needed.
Trial preparation
The final step in seeking compensation for brachial-plexus injuries in children is to present arguments before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare professional failed to act reasonably in a specific set of circumstances, and the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.
Typically, the parties will agree to a settlement prior to trial. The goal of the settlement is to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of the compensation is contingent on the severity and medical requirements of the injury.
Families with children with brachial plexus injuries frequently struggle to cover the costs. Financial compensation from an Erb's palsy lawsuit can help families pay for the expenses they may incur for treating their children's condition. It also assists with the loss of wages if the injury impacts the ability of a child to work in the future. It can also help to ease the emotional and physical anxiety 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 are entitled to.