Erb's Palsy Litigation
Children suffering from Erb's palsy may be compensated for future medical bills and treatments. These funds can assist families in dealing with this birth injury.
Your lawyer will look over your medical records and determine the value your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
It can be a major blow to families if a child has Erb's Palsy. The condition can cause swelling and pain that can make it difficult for a child to complete basic tasks such as playing sports or buttoning their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.
The first step in submitting the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through these documents and may need to consult with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will offer their opinions on whether or not your child's Erb's paralysis was the result of an error made by a doctor, or due to natural causes.
Erb's palsy can be caused by a variety of factors. Most commonly, a doctor will use too much force when they perform labor and delivery. This can cause strain or tears to the brachial plexus nerves, which can cause the condition. There are techniques that doctors can employ to avoid this. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. Compensation from a successful claim can help pay for the medical bills of your child as well as other expenses related to the injury. This could ease your child's financial burden and enhance the quality of their life.
Expert Witness Reports
A medical professional is required to review your Erb’s palsy case. They will offer their opinion about what caused the injury and whether it was caused by negligence by a physician. The expert can also help determine the severity of your injuries and how they could affect your future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more common in vaginal births however it can occur during c-sections. The injury is typically caused when doctors need to move the baby's shoulders in order to facilitate delivery. The procedure can tear and stretch the nerves in the armpit causing permanent damage.
The injury is sometimes repaired through surgery, but it can cause complications. Children with this type of injury may not be able to use their arms or raise their hands. This can be detrimental to their quality of life, especially if it prevents them from playing sports or doing the everyday chores. Certain people might benefit from muscle transfers. In these, surgeons insert stronger tendons or muscles to support weaker ones.
When you file a claim your lawyer will collect as much evidence as they can and present it to defense attorneys of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb's Palsy trial.
Documentation
Families can claim compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They also help prevent future medical errors by holding responsible parties accountable. Our lawyers have the expertise and resources to thoroughly examine your child's medical history and determine if 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, arms, or shoulders during labor and delivery. This may be due to the improper use of forceps or vacuum extractors and a long labor that puts stress on the baby's head and shoulders, or shoulder dystocia.
Some babies with
erb's palsy attorney palsy recover completely and are able to move their arms again. However, some babies suffer permanent nerve damage and will be disabled for the rest of their lives. Most cases of Erb’s palsy can be avoided and result from medical malpractice during labor and delivery.
After the medical records and other evidence are collected, our attorneys will file a lawsuit against the defendants, which is typically the doctor or hospital involved in your child's birth. The discovery process begins after the lawsuit has been filed. This could include depositions, other medical documents, as well as expert opinions. Most
Erb's palsy lawsuits end in settlement, but we are prepared to pursue your case to trial if needed.
Trial preparation
The final step in pursuing compensation for brachial-plexus injuries suffered by children is to present evidence before a judge or jury. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The defendant's lawyers will attempt to convince a judge or jury that they acted in a reasonable manner.
In most instances, the parties reach an agreement before the trial. This is done to meet the needs of both parties and bring the lawsuit to a close. The plaintiffs will receive an amount in one lump sum and the lawsuit will end. The amount of compensation will depend on the severity of the injury and how much medical treatment is needed in the future.
Children who suffer from brachial plexus injuries often struggle to pay for the expenses. The financial compensation offered by an Erb's psy suit can help families with the expenses they may incur for treating their children's illness. It also assists with the loss of wages if the injury hinders a child's ability to work in the future. It also helps to ease the emotional and physical stress of dealing with an injury that can have an enormous impact on the child's life. An experienced Erb's-Palsy attorney can assist families to pursue the compensation they deserve.