Erb's Palsy Litigation
A child suffering from erb's palsy might be eligible to receive compensation for the cost of treatment and future medical expenses. These funds can aid families to cope with the trauma of birth.
Your lawyer will review your medical records and determine the value your case is worth. The lawsuit is filed and defendants have 30 days to respond.
Medical records
It can be devastating for the family of a child who has the condition Erb's - Palsy. The condition can cause pain and swelling, which can make it difficult for a child to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for their losses.
The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child is due to an error in medical treatment or natural cause.
Erb's Palsy is caused by many factors. Most often, doctors will use too much force when they perform labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. There are techniques that doctors can employ to prevent this. You should contact an attorney as soon as your child was diagnosed with this birth defect. A successful case could aid in the payment of medical bills and other expenses relating to the injury. This can alleviate financial burdens and improve your child's quality of life.
Expert Witness Reports
A medical professional is needed to review your case of Erb's palsy and give a final opinion on the cause of the injury, and whether it was caused by the negligence of a doctor. The expert can also help determine the severity of your injuries and how they might impact your future.
erb's palsy law firms Palsy can be caused by birth trauma to the brachial-plexus. It is more prevalent in vaginal births, but can occur during C-sections. The injury is caused when doctors move the shoulders of a newborn to ease delivery. The process can stretch and tear the armpit nerves and cause permanent damage.
In certain instances the injury can be treated with surgery, but it could still cause issues. Children suffering from this condition may not be able to lift their hands or use their arms. This can be detrimental to their living quality and, in particular, if it stops them from playing activities or doing 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 is possible and then submit it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then schedule your Erb's Palsy trial.
Documentation
Families can seek compensation for the harm they suffered as children by filing
Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding those responsible accountable. Our lawyers are equipped with the experience and resources needed to investigate your child's injury and determine if a medical professional's negligent actions caused the injury.
Erb's Palsy is often caused by a doctor pulling too hard on the baby's neck, head, arms or shoulders during delivery. This could be due the incorrect use of forceps or
Erb's palsy lawsuits vacuum extractors and a long labor that puts stress on the baby's head and shoulders or shoulder dystocia.
Some babies suffering from Erb's palsy will fully recover and be able to move their arms in a normal way. However, some babies suffer permanent nerve damage and will be disabled for the duration of their lives. The majority of cases of Erb's palsy can be prevented and result from medical negligence during labor and birth.
Our attorneys will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) once they have collected all medical records and evidence. The discovery process begins once the lawsuit has been filed. This will include depositions as well as additional medical documents, as well as expert opinions. The majority of Erb's Palsy lawsuits end in settlement, but we're ready to take your case all the way through trial if needed.
Trial preparation
The final step in pursuing compensation for brachial-plexus injuries suffered by children is to make arguments before a judge or jury. Your Erb's lawyer will try to show that the healthcare professional did not act in a reasonable way under a specific scenario, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.
In most cases, the parties come to an agreement before trial. The settlement is intended to satisfy both parties' interests and also to close the case. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of compensation depends on the severity and medical requirements of the injury.
Families with children with brachial plexus injuries often struggle to pay for the expenses. A lawsuit against Erb's Palsy can offer financial compensation to families who may have to pay for medical expenses related to their children's illness. It also helps cover lost earnings if the injury affects the ability of a child to work in the future. In addition, it helps alleviate the emotional and physical anxiety of living with a life-altering birth injury. A family attorney with experience in Erb's Palsy can help families get the damages they deserve.