Erb's Palsy Litigation
Children suffering from Erb's palsy may be compensated for future medical bills and treatments. These funds can help families cope emotionally with the trauma of birth.
Your lawyer will review your medical documents to determine the merits of your case. The lawsuit will be filed, and the defendants have 30 days to respond.
Medical Records
It can be a devastating experience for a family when a child suffers from Erb's palsy. The condition can cause swelling, pain and disability that may affect the ability of a child to use their hands for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's-Palsy lawyer can help families receive compensation for their losses.
The first step to file a claim for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will provide their opinion on whether the Erb's Palsy in your child was due to an undiagnosed medical issue or natural causes.
Erb's Palsy may be caused by many factors. The most frequent cause is when a physician uses too much force during labor and birth. This can stretch or tear the brachial plexus nerves leading to the condition. There are a variety of techniques doctors can use to avoid this. You should consult with an attorney as soon as your child was diagnosed with this birth defect. A successful claim could be able to pay for
Erb's Palsy lawsuits medical bills and other expenses related to the injury. This can help reduce the financial burden and improve your child's overall quality of life.
Expert witness reports
A medical expert will be needed to review the case of Erb's Palsy 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 help you determine how serious your injuries are and how they may affect your future.
Erb's Palsy is caused by birth injuries to the brachial plexus. This is more prevalent during vaginal births, but can also occur during csections. The injury is often caused when doctors have to move a baby's shoulders around to facilitate delivery. The process can strain and tear the armpit nerves and cause permanent damage.
The injury can sometimes be repaired by surgery, but it may cause complications. Children who suffer from this condition might not be able to raise their hands or use their arms. This could be detrimental to their daily living, especially if it prevents them from participating in sports or performing everyday tasks. Some people are able to benefit from the procedure of muscle transfer that involve the surgical placement of stronger muscles or tendons to support weaker ones.
Your lawyer will collect as much evidence as you can and send it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. Following this the court will then schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can claim compensation for the injuries their children sustained by filing
Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers have the knowledge and resources to thoroughly investigate your child's case and determine if the negligence of a medical professional 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 delivery. This could be due the incorrect use of forceps or vacuum extractors as well as a long labor which puts stress on the baby's shoulders and head or shoulder dystocia.
Some babies suffering from Erb's palsy recover completely and can move their arm in a normal way. However, other babies have permanent nerve damage and will suffer from disability for the remainder of their lives. Thankfully, most cases of Erb's paralysis are preventable and a result of medical carelessness during labor and delivery.
Our lawyers will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) once they have collected all the medical documents and evidence. After the lawsuit is filed, the process of discovery will begin. This includes depositions as well as additional medical documents. Expert opinions are also available. The majority of
Erb's Palsy lawsuits end in settlements, but we are prepared to take your case to trial if necessary.
Trial preparation
The final step to pursue compensation for a child's brachial plexus injury is to present your case to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare professional failed to act reasonably in a specific set of circumstances, and the defendant's attorneys will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.
In the majority of cases, the parties reach an agreement prior to trial. The aim of the settlement is to satisfy both parties' needs and end the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of the compensation is contingent on the severity and medical requirements of the injury.
Families with children suffering from brachial plexus injuries often struggle to cover the costs. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they may incur for treating their children's condition. It also helps to cover lost wages if an injury has a negative impact on a child's ability to work in the future. It can also help deal with the emotional and physical stress of living with an injury that can alter the course of life. A family attorney who has experience in the field of Erb's Palsy will assist families to receive the compensation they deserve.