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Erb's Palsy Litigation

Children who suffer from Erb's Palsy could be compensated for future medical bills and treatments. The funds could also help families deal with the emotional stress of this birth injury.

Your lawyer will go through your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

It can be a major blow to families when a child suffers from Erb's palsy. The condition can cause pain and swelling, which can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families to receive compensation for the losses they have suffered.

The first step to file a medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may have to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will offer their opinions on whether your child's Erb's palsy was caused by an error by a doctor or due to natural causes.

Erb's palsy can be caused by several factors. The most frequent cause is when a doctor applies excessive force during labor and delivery. This can stretch or tear the brachial plexus nerves, which can cause the condition. There are fortunately, specific techniques that physicians can use to prevent this from happening. If your child has been diagnosed with this birth injury, contact a lawyer immediately to start a lawsuit. The compensation you receive from a successful lawsuit can help pay for the medical bills of your child and other costs related to the injury. This can ease the financial burden and improve your child's quality of life.

Expert witness reports

A medical expert will be needed to analyze your Erb's palsy case. They will give their opinion on the reason for the injury and whether it was caused by negligence by a physician. The expert will also help determine the severity of your injuries and how they might affect your future life.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more prevalent in vaginal births however it can occur during c-sections. The injury is typically caused by doctors who have to move a baby's shoulders to facilitate delivery. The process may strain or tear nerves in the armpit, leading to permanent damage.

The injury is sometimes repaired with surgery, but can still cause complications. Children with this condition may not be able to lift their hands or use their arms. This could affect their well-being, especially if they are unable to participate in sports or carry out everyday tasks. Some people are able to benefit from a procedure called muscle transfer in which surgeons place stronger muscles or tendons that support the weaker ones.

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

Documentation

Families can receive compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties accountable. Our lawyers are equipped with the necessary resources and expertise to investigate the injuries of your child and determine if a medical professional's negligent actions caused the 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, arms, or shoulders during labor and birth. This could be due to the incorrect use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's head and shoulders, or shoulder dystocia.

A few babies with Erb's paralysis recover completely and are able to move their arms again. However, other babies have permanent nerve damage and suffer from disability for the rest of their lives. Fortunately, the majority of cases of Erb's syndrome are preventable and the result of medical inattention during labor and birth.

Once the medical records and other evidence are taken, our attorneys will bring a lawsuit against the defendants, which is usually the doctor or hospital involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This will include depositions as well as additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we're prepared to take your case all the way through trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial plexus injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer is going to try to show that the healthcare professional failed to act reasonably in a specific situation, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.

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

Children who suffer from brachial plexus injuries frequently struggle to pay for the costs. A lawsuit for Erb's psy can provide financial compensation to families who may have to incur expenses in treating their children's condition. It also helps cover lost wages if the injury hinders the child's ability to work in the future. It can also help alleviate the physical and emotional stress of dealing with an injury that can have an immense impact on the life of a child. An experienced family lawyer who has expertise in Erb's palsy can assist families in obtaining the compensation they are entitled to.