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Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical bills and treatments. These funds can assist families in dealing with the birth injury.

Your lawyer will examine your medical documents to determine the merits of your case. The lawsuit will be filed and defendants will have 30 days to respond.

Medical Records

It can be devastating to families when a child has Erb's Palsy. The condition can cause swelling, pain and impairment that can hinder a child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step to filing an action for medical malpractice is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through these documents and may require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was due to an error in medicine or natural cause.

Erb's palsy can be caused by a variety of factors. The most common cause is that a doctor may use excessive force during labor and delivery. This can stretch or tear the brachial nerves, leading to the condition. There are techniques that doctors can employ to avoid this. It is important to contact an attorney right away if your child was diagnosed with this birth defect. A successful lawsuit could assist in paying for medical expenses as well as other costs associated with the injury. This could help your child's financial burden and enhance their quality of life.

Expert witness reports

A medical professional will be required to examine your Erb's palsy case and provide a verdict on the cause of the injury and if it was due to the negligence of a doctor. The expert will also help determine the severity of your injuries and how they may affect your future life.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common in vaginal births but can happen during C-sections. This injury occurs when doctors move the shoulders of a newborn to facilitate delivery. The process can cause stretching and tear to the nerves of the armpit creating permanent damage.

In certain instances the injury can be treated with surgery, but it can still cause problems. Children with this condition may not be able to raise their hands or use their arms. This can have a negative impact on their quality of life, especially if it prevents them from playing sports or carrying out everyday tasks. Some people may benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to help weaker ones.

Your lawyer will collect as much evidence as you can and forward it to the lawyers 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 receive compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties accountable. Our lawyers have the expertise and resources to fully investigate your child's medical history and determine if a medical professional's negligence led to his or her brachial plexus injury.

Erb's palsy may be caused by a doctor who pulls too hard on the baby's neck, head, or shoulders during the delivery. This could be due to the incorrect use of forceps or vacuum extractors as well as a long labor which creates stress on a baby's head and shoulders or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and are able to move their arms normally. However, other babies have permanent nerve damage and will suffer from a disability for the rest of their lives. Thankfully, most cases of Erb's paralysis are preventable and result of medical negligence during labor and delivery.

Once the medical documents and other evidence are collected, our attorneys will start a lawsuit against defendants, which are typically the hospital or doctor that was involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions, additional medical documents, and expert opinions. Most erb's palsy lawyers palsy lawsuits end in settlement, however we're prepared to take your case all the way through trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to present evidence before a jury or judge. Your Erb's ailment lawyer will try to prove that the healthcare provider failed to act reasonable in a certain set of circumstances. The defendant's lawyers will try to convince a judge or jury that they acted in a reasonable manner.

In most instances, the parties reach an agreement before trial. The goal of the settlement is to satisfy both parties' interests and to 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 medical requirements of the injury.

Parents of children who suffer from brachial plexus injuries face significant expenses and often have to cover these costs. The financial compensation offered by an Erb's palsy lawsuit can help families pay for the expenses they might incur in treating their children's condition. It could also help cover the loss of wages if the condition impacts a child's ability to work. Finally, it can help cover the physical and emotional anxiety of living with an injury that can alter the course of life. An experienced attorney from Erb's palsy can assist families to pursue the compensation they deserve.