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Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for medical treatment and future expenses. These funds can help families cope emotionally with the trauma of birth.

Your lawyer will scrutinize your medical records to determine the value of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

If a child is affected by Erb's syndrome, it can be devastating for their families. The condition can cause pain, swelling and impairment that can hinder the child's ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's Palsy lawyer can help families get compensation for their losses.

The first step to file an action for medical malpractice is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. They will give you their opinion on whether erb's palsy attorneys Palsy in your child was due to a medical error or natural causes.

Erb's Palsy can be caused by many factors. The most common cause is when a doctor exerts excessive force during labor and delivery. This can stretch or tear brachial nerves and cause the condition. Fortunately, there are specific techniques that physicians can use to prevent this from happening. If your child has been diagnosed with this birth injury, you should seek out a lawyer as soon as possible to file a lawsuit. The money you receive from a successful claim can help pay for the medical bills of your child and other expenses associated with the injury. This can ease your child's financial burden and enhance their life quality.

Expert Witness Reports

A medical professional is required to evaluate your case of Erb's palsy and provide an opinion on the cause of the injury, and whether it was due to a doctor's negligence. The expert can 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. It is more prevalent in vaginal births however it can occur during C-sections. This injury occurs when doctors move the baby's shoulders to ease delivery. The process can strain and tear the armpit nerves creating permanent damage.

The injury is sometimes repaired through surgery, but it may cause complications. Children who suffer from this condition might not be able their hands or use their arms. This could negatively impact their living quality and, in particular, if it stops them from participating in sports or doing the everyday chores. Certain people may benefit from a procedure called muscle transfer that involve the surgical placement of stronger muscles or tendons in order to support the weaker ones.

Your lawyer will gather as the evidence you can and forward it to the lawyers 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 claim compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding the accountable parties accountable. Our lawyers are equipped with the knowledge and resources to examine the injury of your child and determine whether the negligence of a medical professional caused it.

One of the most frequent instances of medical malpractice that causes Erb's Palsy is when a doctor pulls too hard on a baby's head, neck or shoulders during labor and delivery. This could be due the incorrect use of vacuum extractors or forceps or a prolonged labor that causes stress on a baby's head and shoulders or shoulder dystocia.

Some babies with Erb’s palsy recover completely and will be able to move their arms normally again. Some babies sustain permanent nerve damage, and may be disabled for the rest their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and a result of medical carelessness during labor and delivery.

After the medical records and other evidence are collected, our attorneys will begin a lawsuit against defendants, which are typically the hospital or doctor involved in your child's birth. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions and other medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlements, but we are prepared to take your case all the way through trial if needed.

Trial preparation

The final step of pursuing compensation for a child's brachial nerve injury is presenting evidence before a jury or judge. 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 in a reasonable manner.

In most cases, the parties come to an agreement prior to trial. This is done to satisfy the needs of both parties and bring the lawsuit to an end. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of compensation will depend on the severity and future medical needs of the injury.

Families with children suffering from brachial-plexus injuries are often unable to pay for the expenses. A lawsuit for Erb's psy can provide financial compensation for families who might have to pay for medical expenses related to their children's ailments. It can also pay for lost wages if the condition can affect a child's future capacity to work. In addition, it helps cover the physical and emotional stress of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can assist families in pursuing the damages they deserve.