Erb's Palsy Litigation
A child who has erb's syndrome may receive compensation to cover future medical costs and treatment. These funds can also assist families deal with the emotional trauma of this birth injury.
Your lawyer will review your medical documents and determine what your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
If a child is affected by Erb's syndrome, it can be devastating for the family. The condition can cause pain and swelling that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for their losses.
The first step in filing a claim for medical malpractice is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics and anesthesia, and orthopedic surgery. Experts will give their opinion on if Erb's ailment in your child was caused by an undiagnosed medical issue or natural causes.
There are many factors that can trigger Erb's Palsy in a variety of ways. Most often, a doctor will use too much force during labor and delivery. This can cause stretching or tears to brachial nerves, causing the condition. There are techniques that doctors can use to avoid this. You should consult with an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills for your child as well as other costs related to the injury. This will reduce the financial burden of your child and enhance their quality of life.
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A medical professional is required to look over the case of Erb's Palsy and give an opinion about the cause of the injury, and whether it was due to negligence of a physician. The expert will also help you determine the severity of your injuries and how they will affect your future life.
Erb's Palsy is caused by a birth injury to the brachial plexus. This is more prevalent during vaginal births but can also happen during c-sections. This injury happens when doctors move the shoulders of a baby to ease delivery. The process can strain and tear the nerves in the armpit causing 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 raise their hands or use their arms. This can impact their health, especially those who are unable engage in sports or perform daily tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to help weaker ones.
When you file a claim, your lawyer will gather as much evidence as is 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 set the date for your Erb's Palsy trial.
Documentation
Erb's palsy lawsuits help families obtain compensation for injuries suffered by their children. They also can prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injury and determine whether a medical professional's negligent actions caused it.
Erb's Palsy can be caused by a doctor pulling too hard on the baby's neck, head, or shoulders during the birth. It can be caused by the improper use or vacuum extractors. It could also be due to a long labor that causes stress to the baby's head and shoulders.
Some babies suffering from Erb's palsy recover completely and are able to move their arm normally again. However, some babies suffer permanent nerve damage and will suffer from a disability for the duration of their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and result of medical mistakes during labor and delivery.
Our lawyers will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions, additional medical documents, as well as expert opinions. The majority of Erb's palsy lawsuits result in settlement, however we're ready to take your case to trial if necessary.
Trial preparation
The final step to pursue compensation for a child's brachial nerve injury is to present your case before a jury or judge. Your Erb's palsy lawyer will try to show that the healthcare professional failed to act in a reasonable way under a specific scenario, and the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional acted in a reasonable manner.
In the majority of cases, the parties come to an agreement before trial. The settlement is intended to satisfy both parties' interests and end the lawsuit. The lawsuit will end 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 treatment will be required in the future.
Parents of children with brachial plexus injuries are faced with significant expenses and often have to cover the costs. A lawsuit against Erb's Palsy can offer financial compensation for families who might have to pay for medical expenses related to their children's ailments. It also helps cover lost wages if the injury hinders a child's ability to work in the future. It can also help cover the physical and emotional strain of being a victim of an injury that can have an enormous impact on a child's life. An experienced attorney for Erb's Palsy can assist families in pursuing the damages they deserve.