Erb's Palsy Litigation
A child with erb's palsy may receive compensation to cover future medical costs and treatment. These funds can aid families to cope with this birth injury.
Your lawyer will go through your medical records to determine the worth of your case. The lawsuit is filed and defendants will have 30 days to respond.
Medical records
If a child is suffering from Erb's palsy, it can be devastating for the family. The condition can cause pain and swelling that can make it difficult for a child to do basic tasks like playing sports or putting on their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer could help families recover compensation for their losses.
The first step in filing a claim for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. Experts will give their opinions on whether Erb's palsy in your child was the result of an error in medical treatment or natural causes.
Erb's Palsy can be caused by several factors. The most common reason is when a physician uses too much force during labor and birth. This can stretch or tear the brachial plexus nerves which can cause the condition. There are strategies that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, you should contact a lawyer immediately to start a lawsuit. The benefits of a successful claim will help pay for the medical bills of your child and other costs related to the injury. This can help your child's financial burden and enhance the quality of their life.
Expert Witness Reports
A medical professional is required to look over your
erb's palsy attorneys palsy case and provide an opinion on the cause of the injury and whether it was due to negligence by a doctor. The expert can also help you determine the severity of your injuries and how they could affect your future.
Erb's Palsy is caused by birth injuries to the brachial plexus. This is more frequent when vaginal births are occurring, but may also occur during c-sections. This type of injury occurs when doctors move the baby's shoulders to facilitate delivery. The process can strain and tear the armpit's nerves and cause permanent damage.
The injury can sometimes be corrected by surgery, but it may cause complications. Children suffering from this condition may not be able their hands or use their arms. This could affect their quality of life, particularly if they are unable to play sports or do everyday tasks. Certain people can benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons to support weaker ones.
Your lawyer will gather as any evidence as you can, and send it to the lawyers of 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 receive compensation for their children's injuries. Additionally, they help prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the expertise and resources to fully examine your child's situation and determine if a medical professional's negligence led to a brachial plexus injury.
One of the most common 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. It can be caused by the improper use of vacuum extractors. It can also be caused by a long labor causing 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 again. However, some babies have permanent nerve damage and be handicapped for the rest of their lives. Most cases of Erb’s palsy can be prevented and are the result of medical malpractice during labor and birth.
Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital that was 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 and other medical documents. Expert opinions are also incorporated. The majority of cases filed against Erb's & Palsy are resolved, but we will consider bringing your case to trial if needed.
Trial preparation
The final step of pursuing compensation for a child's plexus brachial injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer will attempt to show that the healthcare professional did not act reasonably in a specific set of circumstances, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.
Typically, the parties reach a settlement before trial. The intention is to satisfy both parties' needs and stop the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of compensation depends on the severity of the injury and how much medical care will be needed in the future.
Families with children suffering from brachial plexus injuries often struggle to cover the costs. The financial compensation offered by an Erb's Palsy lawsuit may aid families in paying for the costs they might incur in treating their children's condition. It could also help cover the loss of wages, if the injury hinders a child's ability to work. It also helps to ease the physical and emotional strain of being a victim of an injury that can have an enormous impact on a child's life. A family attorney who has expertise in Erb's palsy can help families get the damages they deserve.