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Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for future medical costs and treatment. These funds can help families cope with this birth injury.

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

Medical records

It can be devastating to the family of a child who has Erb's Palsy. The condition can cause pain and swelling, 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 in submitting the medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will go through these documents and may need to consult with experts in obstetrics, anesthesia and orthopedic surgery. These experts will provide their opinions on whether Erb's palsy in your child was caused by an error in medical treatment or natural cause.

Erb's Palsy can be caused by a variety of causes. The most frequent cause is when a doctor applies too much force during labor and birth. This can tear or stretch the brachial nerves, which can cause the condition. There are strategies that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, it is important to get in touch with a lawyer immediately to start a lawsuit. A successful lawsuit could aid in the payment of medical bills and other expenses related to the injury. This can ease the financial burden and enhance your child's quality of life.

Expert witness reports

A medical professional is required to examine your case of Erb's palsy and provide an opinion on the cause of the injury, and if it was due to a doctor's negligence. The expert will also help you determine the extent of your injuries and how they might affect your future life.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more common during vaginal births but can happen during c-sections. The injury is typically caused when doctors need to move the baby's shoulders in order to facilitate delivery. The process can cause nerve damage or stretch in the armpit, which can cause permanent damage.

The injury is sometimes repaired through surgery, but it may cause complications. Children with this condition may not be able to raise their hands or use their arms. This could affect their health, especially if they are unable to play sports or do everyday tasks. Certain people may benefit from a procedure called muscle transfer, in which surgeons implant stronger muscles or tendons to help support the weaker ones.

When you file a claim, your lawyer will collect as much evidence as is possible and present it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then schedule your Erb’s Palsy trial.

Documentation

Families can claim compensation for the harm their children sustained through filing Erb's Palsy lawsuits. They can also stop further medical errors by holding accountable parties accountable. Our lawyers have the experience and resources to fully investigate your child's situation and determine if negligence by a medical professional contributed to his or her brachial plexus injury.

One of the most frequent instances of medical malpractice that causes Erb's palsy occurs when a doctor pulls too hard on a baby's head neck or shoulders during labor and birth. This could be due the improper 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 who suffer from Erb's paralysis can fully recover and be able to move their arms again. Some babies develop permanent nerve damage, and will be disabled for the rest their lives. Most cases of Erb’s palsy can be avoided and result from medical negligence during labor and birth.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions and other medical records. Expert opinions are also included. Most Erb's palsy lawsuits end in settlements, but we're ready to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for a child's brachial-plexus injury is to present your case to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare professional did not act reasonably in a specific set of circumstances, and the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.

Typically, the parties come to a deal prior to trial. This is done to meet the needs of both parties and bring the lawsuit to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will be closed. The amount of compensation will depend on the severity and future medical needs of the injury.

Parents of children suffering from brachial plexus injury face substantial expenses and often have to cover the costs. The financial compensation offered by an Erb's palsy lawsuit can assist families with the costs they may incur for treating their children's condition. It also assists with the loss of wages if the injury hinders the ability of a child to work in the future. Finally, it can help cover the physical and emotional stress of living with an injury that can alter the course of life. An experienced Erb's palsy attorney will assist families in pursuing the damages they are entitled to.