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Erb's Palsy Litigation

A child suffering from erb's paralysis could be eligible for compensation to cover future medical costs and treatment. These funds can help families cope with this birth injury.

Your lawyer will examine your medical documents to determine the merits of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

It can be devastating for families if a child has the condition erb's palsy attorney - Palsy. The condition can cause pain, swelling and disability that can affect a child's ability to use their hand for basic functions like playing sports or even 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 a claim for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will go through these documents and may require consultation with experts in obstetrics, anesthesia and orthopedic surgery. Experts will offer their opinions on whether your child's Erb's syndrome was caused by the error of a doctor or due to natural causes.

Many factors can cause Erb's paralysis in various ways. The most common is when a physician uses too much force during labor and birth. This can tear or stretch the brachial plexus nerves, leading to the condition. Fortunately, there are specific methods that doctors can use to prevent this from happening. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses and other expenses relating to the injury. This can ease your child's financial burden and improve their quality of life.

Expert Witness Reports

An expert medical will be required to examine your Erb's palsy case. They will offer their opinion on the cause of the injury, and whether or not it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more frequent during vaginal births, but can also happen during c-sections. The injury is usually caused when doctors must move a baby's shoulders around to facilitate delivery. The procedure can tear and stretch the nerves of the armpit and cause permanent damage.

The injury may be repaired with surgery, but it may cause complications. Children who suffer from this condition might not be able to lift their hands or use their arms. This could negatively impact their living quality and can hinder them from playing activities or doing everyday tasks. Certain people may benefit from a procedure called muscle transfer in which surgeons place stronger muscles or tendons that support weaker ones.

If you file a claim, your lawyer will gather as much evidence as is possible and then submit it to defense attorneys 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 claim compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding the accountable parties accountable. Our lawyers have the resources and experience to investigate the injuries of your child and determine whether a medical professional's negligent actions caused it.

One of the most common instances of medical malpractice that causes Erb's syndrome is when a doctor puts too hard on a baby's head, neck, arms, or shoulders during labor and delivery. This could be due to the improper use of forceps or vacuum extractors and a long labor that causes stress on a baby's shoulders and head or shoulder dystocia.

Some babies with Erb’s palsy recover completely and will be capable of moving their arms again. But, others suffer permanent nerve damage and will be disabled for the rest of their lives. Thankfully, most cases of Erb's syndrome are preventable and result of medical mistakes during labor and delivery.

Once the medical records and other evidence is taken, our attorneys will start a lawsuit against defendants, typically the doctor or hospital involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, further medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlements, but we're prepared to take your case all the way through trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's brachial-plexus injury is presenting arguments before a jury or judge. Your Erb's lawyer will try to show that the healthcare professional failed to act in a reasonable way under a specific scenario, and the defendant's attorneys will try to convince the judge or jury that the healthcare professional was acting reasonably.

Typically, the parties come to a deal prior to trial. The aim of the settlement is to satisfy both parties' interests and end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent on the severity and future medical requirements of the injury.

Children with brachial plexus injury face substantial expenses and often have to cover these costs. The financial compensation offered by an Erb's Palsy lawsuit may help families with the expenses they could incur in order to treat their children's illness. It can also pay for lost earnings, if the injury hinders a child's ability to work. Additionally, 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 assist families in obtaining the compensation they deserve.