Erb's Palsy Litigation
Children suffering from Erb's 'Pasty' can be compensated for future medical expenses and treatment. These funds can help families cope with this birth injury.
Your lawyer will look over your medical records and determine the value your case is worth. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
It can be a devastating experience for families when a child has the condition Erb's - Palsy. The condition can cause swelling and pain that can make it difficult for children to do basic tasks like playing sports or putting on their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families get compensation for their losses.
The first step to file a claim for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's palsy was the result of an error by a doctor or due to natural causes.
Several factors can lead to Erb's paralysis in various ways. Most often, a doctor will use too much force when they perform labor and delivery. This can stretch or tear brachial nerves and trigger the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, you must seek out a lawyer as soon as possible to file a lawsuit. A successful claim could aid in the payment of medical bills and other expenses related to the injury. This can help alleviate financial burdens and enhance your child's quality of life.
Expert witness reports
A medical expert will be required to evaluate your Erb's palsy case. They will give their opinion about what caused the injury, and whether or not it was caused by negligence by a physician. The expert will 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 common during vaginal births however it can occur during c-sections. This injury happens when doctors move the shoulders of a baby to facilitate delivery. The process can pull or tear the nerves in the armpit, causing long-term damage.
In certain instances,
erb's Palsy lawsuits the injury can be repaired with surgery, but it could still cause issues. Children suffering from this condition may not be able to raise their hands or use their arms. This can impact their quality of life, particularly if they are unable to play sports or do everyday tasks. Certain people may benefit from muscle transfer surgery, in which surgeons implant stronger muscles or tendons to help support the weaker ones.
When you file a claim your lawyer will gather as much evidence as is possible and submit it to the defendants' attorneys. 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. Additionally, they help prevent future medical errors by holding the accountable parties accountable. Our lawyers have the knowledge and resources to examine the injury of your child and determine whether a medical professional's negligent actions caused the 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. It can be caused by the improper use of vacuum extractors. It could also be the result of a long labor causing stress on the baby's head and shoulders.
Some babies suffering from Erb's palsy will recover completely and be capable of moving their arms in a normal way. However, some babies have permanent nerve damage and suffer from disability for the duration of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and result of medical inattention during labor and birth.
Once the medical records and other evidence are obtained, our lawyers will file a lawsuit against the defendants, which are typically the hospital or doctor involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This includes depositions as well as additional medical documents. Expert opinions are also provided. Most
Erb's palsy lawsuits end in settlement, however we are prepared to take your case all the way through trial if needed.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus in children is to present arguments before a judge or jury. Your Erb's palsy lawyer will attempt to establish that the healthcare professional failed to behave in a reasonable manner under a particular situation, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional behaved reasonably.
In most cases, the parties come to an agreement before the trial. The goal of the settlement is to satisfy both parties' interests and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and future medical requirements of the injury.
Parents of children who suffer from brachial plexus injuries are faced with significant costs and often struggle to cover them. The financial compensation offered by an
Erb's palsy lawsuit can help families pay for the expenses they may incur to treat their children's illness. It also helps cover lost wages if the injury impacts the ability of a child to work in the future. In addition, it helps cover the physical and emotional anxiety of living with an injury that can alter the course of life. An experienced Erb's-Palsy attorney will assist families in pursuing the compensation they deserve.