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Erb's Palsy Litigation

Children who suffer from Erb's Palsy could be compensated for future medical bills and treatments. These funds may also help families deal with the emotional trauma caused by this birth injury.

Your lawyer will look over your medical records and determine how much your case is worth. The lawsuit is filed and defendants have 30 days to respond.

Medical Records

When a child suffers from Erb's palsy, it can be devastating for their entire family. The condition can cause pain and swelling that can make it difficult for children to perform basic tasks like playing sports or buttoning their shirt. A lawsuit filed by a knowledgeable erb's palsy law firms palsy lawyer could help families get compensation for their losses.

The first step to file a claim for medical negligence is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinions on whether or not your child's Erb's syndrome was caused by an error by a doctor or due to natural causes.

Erb's Palsy is caused by a variety of factors. The most common reason is when a doctor exerts excessive force during labor and delivery. This can cause stretching or tears to brachial nerves, causing the condition. There are strategies that doctors can employ to prevent this. It is important to contact an attorney right away if your child was diagnosed with this birth defect. A successful claim could help pay for medical bills and other costs related to the injury. This can help ease the financial burden of your child and enhance their life quality.

Expert witness reports

A medical professional is needed to review the case of Erb's Palsy and give an opinion about the cause of the injury and if it was caused by the negligence of a doctor. The expert will also help you determine the severity of your injuries and how they will affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more prevalent in vaginal births however it can occur during c-sections. The injury usually occurs when doctors need to move the baby's shoulders to facilitate delivery. The process can strain or tear nerves in the armpit, causing permanent damage.

In some instances injuries can be treated with surgery, but it may still cause problems. Children with this condition might not be able to use their arms or raise their hands. This can be detrimental to their living quality and, in particular, if it stops them from playing sports or carrying out everyday tasks. Some people may benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.

Your lawyer will gather as any evidence as you can, and send it to the attorneys of the defendants. The defendants have 30 days to respond. After this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers have the expertise and resources to thoroughly investigate your child's case and determine whether a medical professional's negligence led to the brachial plexus injury.

One of the most common instances of medical malpractice that causes Erb's palsy is when a doctor puts too hard on a baby's head neck or shoulders during labor and birth. This could be due to the improper use or vacuum extractors. It could also be caused by a long labor causing stress on the baby's head and shoulders.

Some babies suffering from Erb's palsy can fully recover and be capable of moving their arms again. Some babies develop permanent nerve damage, and may be disabled for the rest their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and the result of medical negligence during labor and delivery.

After the medical records and other evidence are obtained, our lawyers will bring a lawsuit against the defendants, which is typically the doctor or hospital involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This could include depositions, other medical documents, and expert opinions. Most Erb's palsy lawsuits end with a settlement, but we're ready to take your case to trial if necessary.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries in children is to present arguments before a judge or jury. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The lawyer representing the defendant will try to convince a jury or judge that they acted reasonably.

In most cases, the parties reach an agreement prior to trial. The intention is to satisfy both parties' needs and stop the lawsuit. The plaintiffs will receive an amount of money in one lump and the lawsuit will end. The amount of compensation will depend on the severity of the injury and how much medical treatment is needed in the future.

Parents of children suffering from brachial plexus injuries face significant expenses and often have to cover the costs. A lawsuit for Erb's Palsy could offer financial relief to families who are likely to pay for the treatment of their children's ailments. It can also cover lost wages, if the injury impacts a child's ability to work. Finally, it can help to ease the emotional and physical anxiety of living with an injury that can alter the course of life. A family attorney with expertise in Erb's palsy can help families receive the compensation they are entitled to.