erb's palsy lawyers Palsy Litigation
Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. These funds may also help families cope with the emotional stress of this birth injury.
Your lawyer will scrutinize your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
If a child is affected by Erb's palsy, it can be devastating for their family. The condition can cause pain and swelling, which can make it difficult for children to do everyday tasks such as playing sports or buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families get compensation for their losses.
The first step in filing a claim for medical negligence is to gather evidence of negligence. This includes medical records 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. These experts will offer their opinion on whether the Erb's Palsy in your child was caused by an undiagnosed medical issue or natural cause.
Erb's Palsy is caused by many factors. Most often, a doctor will use excessive force during labor and delivery. This can stretch or tear brachial nerves, causing the condition. There are techniques that doctors can employ to prevent this. It is recommended to speak with an attorney as soon as your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit will help pay for your child's medical bills and other expenses related to the injury. This can reduce the financial burden of your child and enhance their quality of life.
Expert witness reports
A medical professional will be required to examine your Erb's case and give a final opinion on the cause of the injury and if it was caused by negligence by a doctor. The expert will also assist you to determine the extent of your injuries and how they may impact your life in the future.
Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more prevalent when vaginal births are occurring, but can also occur during c-sections. The injury usually occurs when doctors need to move a baby's shoulders around to facilitate the delivery. The procedure can tear and stretch the armpit nerves and cause permanent damage.
In certain instances the injury may be corrected with surgery, but it can still cause problems. Children suffering from this condition may not be able to use their arms or raise their hands. This can affect their health, especially if they are unable to participate in sports or carry out everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to help weaker ones.
If you file a claim your lawyer will collect as much evidence as possible and then submit it to attorneys for the defendants. The defendants have 30 days to respond. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can claim compensation for the harm their children sustained by filing
Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties liable. Our lawyers have the experience and resources to fully examine your child's case and determine if an error by a medical professional led to the 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 birth. This can be caused by the incorrect use of vacuum extractors. It can also be caused by a long labor that causes stress to the baby's head and shoulders.
Some children with Erb's Palsy recover completely and are able to move their arms normally. Some babies are permanently affected by nerve damage, and will be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and result of medical negligence during labor and delivery.
After the medical records and other evidence is taken into consideration, our lawyers will begin a lawsuit against defendants, which is usually the doctor or hospital involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This includes depositions, additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case all the way through trial if necessary.
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 lawyer will try to prove that the healthcare professional did not act reasonably in a specific set of circumstances, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.
Typically, the parties reach a settlement before trial. The goal of the settlement is to satisfy both parties' interests and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of compensation depends on the severity and future medical requirements of the injury.
Families with children with brachial plexus injury often struggle to pay for the costs. Financial compensation from an Erb's psy suit can help families pay for the expenses they might incur in treating their children's condition. It can also pay for lost wages, if the injury affects a child's future ability to work. It also helps to ease the physical and emotional burden of being a victim of an injury that has a profound impact on the life of a child. An experienced attorney from Erb's palsy can assist families to pursue the compensation they deserve.