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Erb's Palsy Litigation
Children with Erb's Palsy can receive compensation for future medical bills and treatments. These funds may also help families deal with the emotional stress of this birth injury.
Your lawyer will review your medical records to determine the value of your case. The lawsuit will be filed and the defendants have 30 days to respond.
Medical Records
If a child has Erb's palsy, it could be devastating for their entire family. The condition can cause pain, erb's Palsy Lawyers swelling and disability that may affect a child's ability to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled 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. Your attorney will review the documents and may need to consult experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was due to an undiagnosed medical issue or natural cause.
Erb's Palsy may be caused by several factors. Most commonly, a doctor is prone to using excessive force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves leading to the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. You should contact an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim can help pay for the medical bills for your child as well as other costs related to the injury. This could ease your child's financial burden and enhance their quality of life.
Expert witness reports
A medical expert will be required to examine your Erb's palsy case. They will give their opinion about what caused the injury and whether it was due to negligence by a doctor. The expert will also help you determine how serious your injuries are and how they may impact your future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more common during vaginal births but can also happen during c-sections. This injury happens when doctors move the baby's shoulders in order to facilitate delivery. The process may cause nerve damage or stretch in the armpit, causing long-term damage.
In some cases, the injury can be corrected with surgery, but it can still cause problems. Children with this condition might not be able use their arms or raise their hands. This can affect their well-being, especially if they are unable to participate in sports or carry out everyday tasks. Certain people may benefit from the procedure of muscle transfer in which surgeons place stronger muscles or tendons in order to support weaker ones.
When you file a claim your lawyer will collect as much evidence as possible and send it to defense attorneys of the defendants. The defendants will then have 30 days to respond to your claim. The court will then schedule your Erb’s Palsy trial.
Documentation
Erb's palsy lawsuits can help families get compensation for injuries suffered by their children. They also can prevent future medical errors by holding responsible parties accountable. Our lawyers have the knowledge and resources to fully examine your child's case and determine if a medical professional's negligence led to his or her brachial plexus injury.
One of the most frequent instances of medical malpractice causing Erb's palsy occurs 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 causing stress on the baby's shoulders and head.
Some babies suffering from erb's palsy attorney palsy will recover completely and be able to move their arms again. Some babies develop permanent nerve damage and will be disabled for the rest their lives. The majority of cases of Erb's Palsy can be avoided and result from medical negligence during labor and birth.
Our lawyers will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all the medical records 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 lawyers (read article) Palsy lawsuits are settled, but we may go to trial if it is necessary.
Trial preparation
The final step to pursue compensation for a child's brachial nerve injury is to present arguments before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The lawyer representing the defendant will try to convince a judge or jury that they acted reasonable.
Typically, the parties agree to a settlement prior to trial. This is done to satisfy the needs of both sides and bring the litigation to a close. The lawsuit will end 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 who have brachial plexus injuries often struggle to pay for the expenses. Financial compensation from an Erb's palsy lawsuit can aid families in paying for the costs they may incur for treating their children's illness. It also assists in recouping lost wages if an injury has a negative impact on the ability of a child to work in the future. It can also help alleviate the physical and emotional stress of dealing with an injury that can have a profound impact on the life of a child. An experienced attorney from Erb's palsy can assist families to pursue the damages they deserve.
