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Erb's Palsy Litigation

A child suffering from erb's palsy might be eligible to receive compensation for the cost of treatment and future medical expenses. These funds can help families cope with the trauma of birth.

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

Medical Records

It can be devastating for a family when a child suffers from Erb's palsy. The condition can cause pain, swelling and disability that can affect a child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer could help families get compensation for their losses.

The first step in filing the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. They will give you their opinion on if Erb's ailment in your child is due to an error in medical treatment or natural cause.

There are many factors that can trigger Erb's paralysis in various ways. The most frequent cause is when a doctor exerts too much force during labor and birth. This can cause stretching or tears to the brachial plexus nerves which can cause the condition. There are fortunately, specific methods that doctors can employ to stop this from occurring. If your child has been diagnosed with this birth injury, you should contact a lawyer immediately to bring a lawsuit. A successful claim could be able to pay for 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

A medical professional is required to review your Erb’s palsy case. They will provide their opinion on what caused the injury, and whether or not it was caused by negligence by a physician. The expert will also help you determine the severity of your injuries and how they might affect your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. It is more frequent in vaginal births, but it can also occur during C-sections. The injury is caused when doctors move the shoulders of a baby to facilitate delivery. The process can strain and tear the armpit's nerves and cause permanent damage.

In certain cases the injury may be treated with surgery, but it can still cause issues. Children suffering from this condition may not be able use their arms or raise their hands. This could affect their quality of life, particularly if they are unable to play sports or do everyday tasks. Certain people can benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons in order to support weaker ones.

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

Documentation

Families can seek compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers have the resources and experience to examine the injury of your child and determine whether the negligence of a medical professional caused it.

Erb's spalsy can be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during delivery. This may be due to the incorrect use of forceps or vacuum extractors and a long labor that causes stress on a baby's shoulders and head, or shoulder dystocia.

Some children with Erb's Palsy will fully recover and be able to move their arms normally again. But, others suffer permanent nerve damage and will suffer from a disability for the remainder of their lives. Thankfully, the majority of cases of Erb's syndrome can be prevented and are the result of medical negligence during labor and delivery.

Once the medical documents and other evidence are taken, our attorneys will bring a lawsuit against the defendants, which is usually the hospital or doctor that was involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This includes depositions and additional medical records. Expert opinions are also incorporated. The majority of the Erb's palsy cases end in settlement, however we're prepared to take your case to trial if needed.

Trial preparation

The final step to pursue compensation for brachial-plexus injuries suffered by children is to argue before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The attorneys representing the defendant will attempt to convince a jury or judge that they acted reasonably.

Typically, the parties will settle the case prior to trial. This is done to meet the needs of both sides and bring the case to an end. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and medical requirements of the injury.

Families with children who have brachial-plexus injuries are often unable to pay for the costs. Financial compensation from an Erb's psy suit can assist families with the costs they may incur for treating their children's illness. It also assists with the loss of wages if the injury hinders a child's ability to work in the future. In addition, it helps cover the physical and emotional stress of living with a life-altering birth injury. An experienced Erb's palsy attorney will assist families in pursuing the damages they deserve.