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Erb's Palsy Litigation

Children suffering from erb's palsy lawsuits palsy may be compensated for future medical expenses and treatment. These funds can help families cope emotionally with this birth injury.

Your lawyer will review your medical records and determine the value your case is worth. The lawsuit will be filed and the defendants will have 30 days to respond.

Medical Records

It can be devastating for the family of a child who suffers from Erb's palsy. The condition can cause pain, swelling and disability that could affect the ability of a child to use their hands for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step to file a claim for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may have consult with experts in obstetrics and anesthesia, and orthopedic surgery. These experts will give their opinion on whether your child's Erb's syndrome was the result of an error by a doctor or due to natural causes.

Erb's Palsy is caused by many factors. Most commonly, a doctor uses excessive force during labor Erb's palsy lawsuits and delivery. This can tear or stretch the brachial nerves, leading to the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. You should contact an attorney as soon as your child was diagnosed with this birth defect. Compensation from a successful claim will pay for the medical bills for your child as well as other costs related to the injury. This can reduce the financial burden and improve your child's quality of life.

Expert witness reports

A medical expert will be required to evaluate your case of Erb's palsy and give a final opinion on the cause of the injury, and if it was due to a doctor's negligence. The expert will also help determine the extent of your injuries and how they will impact your life in the future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more frequent in vaginal births, however it can also happen during c-sections. This type of injury occurs when doctors move the shoulders of a newborn to ease delivery. The process can strain and tear the armpit's nerves and cause permanent damage.

The injury may be repaired through 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 daily living particularly if it hinders them from playing sports or doing the everyday chores. Certain people can benefit from a procedure called muscle transfer in which surgeons place stronger muscles or tendons in order to support the weaker ones.

Your lawyer will collect as any evidence as you can and forward it to the attorneys of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb's Palsy trial.

Documentation

Families can receive compensation for the harm their children sustained by filing Erb's Palsy lawsuits. They can also stop further medical errors by holding responsible parties liable. Our lawyers are equipped with the knowledge and resources to investigate your child's injuries and determine if the negligence of a medical professional caused it.

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 may be due to the incorrect use of vacuum extractors or forceps or a prolonged labor that puts stress on the baby's head and shoulders, or shoulder dystocia.

A few babies who suffer from Erb's paralysis will recover completely and be capable of moving their arms normal. However, some babies suffer permanent nerve damage and will be disabled for the duration of their lives. Thankfully, most cases of Erb's syndrome are preventable and result of medical carelessness during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all the medical records and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, as well as other medical documents. Expert opinions are also incorporated. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case all the way through trial if necessary.

Trial preparation

The final step in pursuing 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 establish that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonably.

Typically, the parties agree to a settlement prior to trial. This is designed to meet the needs of both sides and bring the case to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of compensation will depend on the severity and future medical needs of the injury.

Parents of children with brachial plexus injury face substantial expenses and often have to pay for them. A lawsuit for Erb's Palsy could offer financial relief to families who may have to incur expenses in treating their children's condition. It also assists with the loss of wages if the injury impacts the child's ability to work in the future. It can also help cover the emotional and physical stress of dealing with an injury that has an immense impact on a child's life. An experienced family lawyer who has experience in Erb's Palsy can help families receive the compensation they are entitled to.