Erb's Palsy Litigation
Children with Erb's Palsy can be compensated for future medical expenses and treatment. These funds can help families cope with this birth injury.
Your lawyer will go through your medical records to determine the value of your case. They will then file the lawsuit and give defendants 30 days to respond.
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If a child is suffering from Erb's syndrome, it can be devastating for their entire family. The condition can cause swelling, pain and disability that may affect the ability of a child to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can help families receive compensation for their losses.
The first step in filing a medical malpractice claim is to collect evidence of negligence. This includes medical documents as well as witness statements. The attorney will review the documents and may have to consult experts in obstetrics and anesthesia and orthopedic surgery. Experts will offer their opinions on whether or not your child's Erb's paralysis was caused by the error of a doctor or due to natural causes.
Erb's palsy can be caused by a variety of causes. Most often, a doctor is prone to using too much force during labor and delivery. This can cause strain or tear to brachial nerves, causing the condition. There are fortunately, specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, it is important to seek out a lawyer as soon as possible to file a lawsuit. The compensation you receive from a successful lawsuit can be used to pay your child's medical bills and other costs related to the injury. This could reduce the financial burden of your child and improve their quality of life.
Expert witness reports
A medical professional is required to evaluate your case of Erb's palsy and provide an opinion on what caused the injury and if it was caused by negligence of a physician. The expert will also assist you to determine the extent of your injuries and how they will impact your life in the future.
Erb's Palsy can be caused by birth trauma to the brachial plexus. It is more common when vaginal births are occurring, but may also occur during c-sections. This injury occurs when doctors move the shoulders of a baby to ease delivery. The process may stretch or tear the nerves in the armpit, causing permanent damage.
The injury can sometimes be corrected by surgery, but can still cause complications. Children who suffer from this condition might not be able their hands or use their arms. This could affect their quality of life particularly if it hinders them from playing sports or doing the everyday chores. Certain people might benefit from muscle transfers, where surgeons insert stronger tendons or muscles to support weaker ones.
Your lawyer will collect as any evidence as you can and forward it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.
Documentation
Families can get compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They can also stop further medical errors by holding responsible parties accountable. Our lawyers have the expertise and resources to fully examine your child's medical history and determine if a medical professional's negligence led to a brachial plexus injury.
Erb's Palsy is often caused by a doctor who pulls too hard on the baby's neck, head, or shoulders during the delivery. This can be caused by the incorrect use of vacuum extractors. It can also be due to a long labor causing stress on the baby's head and shoulders.
Some babies with Erb's palsy recover completely and are able to move their arm in a normal way. Some babies suffer permanent nerve damage and will be disabled for the rest their lives. The majority of cases of Erb's palsy can be avoided and are caused by medical negligence during labor and delivery.
After the medical records and other evidence have been taken, our attorneys will begin a lawsuit against 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 records, and expert opinions. The majority of the Erb's palsy cases end in settlement, however we are prepared to pursue your case all the way through 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 ailment lawyer will try to prove that the healthcare provider failed to act reasonable in a certain set of circumstances. The lawyer representing the defendant will attempt to convince a judge or jury that they acted in a reasonable manner.
In the majority of cases, the parties reach an agreement prior to trial. The settlement is intended 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 received is contingent upon the severity of the injury and how much medical care is required in the future.
Parents of children with brachial-plexus injuries have to face huge expenses and often have to cover them. A lawsuit against Erb's Palsy could offer financial relief to families that may need to incur expenses in treating their children's ailments. It also helps cover lost wages if an injury has a negative impact on the ability of a child to work in the future. It can also assist in easing the physical and emotional burden of having an injury that has a profound impact on a child's life. An experienced attorney for Erb's Palsy will assist families in pursuing the damages they deserve.