Erb's Palsy Litigation
A child suffering from erb's paralysis may receive compensation to cover the cost of treatment and future medical expenses. These funds can help families cope emotionally with the trauma of birth.
Your lawyer will review your medical records to determine the value of your case. The lawsuit will be filed, and the defendants will have 30 days to respond.
Medical Records
If a child is affected by Erb's palsy, it can be devastating for their entire family. The condition can cause pain and swelling that can make it difficult for children to perform basic tasks like playing sports or buttoning their shirt. A lawsuit filed by an experienced
erb's palsy lawyers palsy lawyer can assist families recover compensation for their losses.
The first step to file a claim for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may need consult with experts in obstetrics and anesthesia and orthopedic surgery. These experts will give their opinion on whether your child's
erb's palsy lawyers paralysis was the result of an error by a doctor or due to natural causes.
Erb's palsy can be caused by a variety of causes. The most common reason is when a doctor uses excessive force during labor and birth. This can tear or stretch the brachial plexus nerves which can cause the condition. There are a variety of techniques doctors can employ to prevent this. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to start a lawsuit. A successful claim could be able to pay for medical bills and other expenses relating to the injury. This can help ease the financial burden of your child and improve their life quality.
Expert witness reports
A medical expert will be required to examine your Erb's palsy case and give a final opinion on the cause of the injury, and whether it was due to negligence by a doctor. The expert will also help determine the extent of your injuries and how they might affect your future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more common during vaginal births, but can occur during c-sections. This injury happens when doctors move the shoulders of a baby to ease the delivery process. The process may strain or tear nerves in the armpit, causing permanent damage.
In certain instances, the injury can be corrected with surgery, but it may still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This could affect their living quality and, in particular, if it stops them from participating in sports or carrying out everyday tasks. Some people can benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons that support the weaker ones.
Your lawyer will gather as the evidence you can and forward it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. Following this the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Families can get compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding accountable parties liable. Our lawyers have the knowledge and resources to thoroughly examine your child's case and determine whether negligence by a medical professional contributed to a brachial plexus injury.
One of the most common instances of medical malpractice causing Erb's palsy is when a doctor pulls 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, a long labor that causes stress on a baby's head and shoulders or shoulder dystocia.
A few babies with Erb's paralysis recover completely and can move their arm in a normal way. However, some babies suffer permanent nerve damage and be handicapped for the remainder of their lives. The majority of cases of Erb's palsy can be prevented and are the result of medical malpractice during labor and delivery.
Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions and additional medical records. Expert opinions are also incorporated. Most
Erb's palsy lawsuits end in settlement, however we're prepared to take your case to trial if needed.
Trial preparation
The final step to pursue compensation for brachial-plexus injuries suffered by children is to present evidence before a judge or jury. Your Erb's lawyer will try to show that the healthcare professional failed to act reasonably in a specific set of circumstances, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.
Typically, the parties settle the case prior to trial. The settlement is intended to satisfy both parties' needs and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of compensation received is based on the severity the injury and the amount of medical care is required in the future.
Families with children suffering from brachial plexus injury often struggle to pay for the expenses. A lawsuit for Erb's Palsy can offer financial compensation to families who are likely to pay for medical expenses related to their children's condition. It may also cover lost earnings, if the injury can affect a child's future capacity to work. It can also assist in easing the emotional and physical stress of living with an injury that can have a profound impact on the child's life. An experienced Erb's palsy attorney can assist families in pursuing the compensation they deserve.