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Erb's Palsy Litigation

A child with erb's palsy could be eligible for compensation to cover treatment and future medical expenses. These funds can also assist families cope with the emotional stress of this birth injury.

Your lawyer will go through your medical records and determine the value your case is worth. They will then file the lawsuit and give defendants 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 swelling and pain, which can make it difficult for a child to do everyday tasks such as playing sports or buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can help families receive compensation for their losses.

The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. The attorney will review the documents and may need consult with experts in obstetrics and anesthesia, as well as 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 paralysis in various ways. The most frequent cause is when a physician uses excessive force during labor and delivery. This can cause strain or tear to brachial nerves and cause the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. You should contact an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim can help pay for your child's medical bills and other costs related to the injury. This will reduce the financial burden of your child and enhance their quality of life.

Expert Witness Reports

An expert medical will be required to review your Erb’s palsy case. They will offer their opinion on what caused the injury and whether it was due to negligence by a doctor. The expert will also assist you to determine the severity of your injuries and how they may impact your life in the future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This is more prevalent during vaginal births but can also occur during c-sections. The injury is often caused by doctors who have to move a baby's shoulders to facilitate the delivery. The process can stretch and tear the armpit's nerves causing permanent damage.

In some instances injuries can be repaired with surgery, but it can still cause issues. Children with this condition may not be able raise their hands or use their arms. This could affect their health, especially those who are unable participate in sports or carry out everyday tasks. Some people are able to benefit from muscle transfer surgery, in which surgeons implant stronger muscles or tendons that support the weaker ones.

When you file a claim, your lawyer will gather as much evidence as they can and then submit it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. Following this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers are equipped with the knowledge and resources to examine the injury of your child and determine if a medical professional's negligent actions caused the injury.

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 birth. This could be due to the improper use or vacuum extractors. It could be caused by prolonged labor that puts stress on the baby's head and shoulders.

Some children with Erb's Palsy recover completely and will be able to move their arms again. However, other babies have permanent nerve damage and will be disabled for the duration of their lives. Fortunately, the majority cases of Erb's syndrome are preventable and the result of medical mistakes during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all the medical documents and evidence. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions, as well as other medical records. Expert opinions are also provided. Most Erb's palsy lawsuits end in settlements, but we are prepared 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 arguments to a judge or jury. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider failed to be reasonable in a particular set of circumstances. The lawyer representing the defendant will attempt to convince a judge or jury that they acted reasonably.

In the majority of cases, the parties reach an agreement before trial. The aim of the settlement is to satisfy both parties' interests and to end the lawsuit. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of the compensation is contingent on the severity and medical needs of the injury.

Children who suffer from brachial-plexus injuries are often unable to pay for the costs. The financial compensation offered by an Erb's palsy lawsuit can help families pay for the expenses they may incur for treating their children's condition. It can also cover lost wages, if the injury affects a child's future ability to work. It also helps to ease the physical and emotional stress of dealing with an injury that has an impact that is profound on the child's life. An experienced family lawyer who has expertise in Erb's palsy can assist families to receive the compensation they deserve.