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Erb's Palsy Litigation

A child who has erb's syndrome might be eligible to receive compensation for treatment and future medical expenses. These funds can also help families deal with the emotional stress of this birth injury.

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

Medical records

If a child has Erb's palsy, it can be devastating for their families. The condition can cause pain, swelling and disability that can affect the child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer will help families get compensation for the losses they have suffered.

The first step in filing a claim for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. The attorney will review the documents and may need to consult experts in obstetrics or anesthesia, and orthopedic surgery. Experts will give their opinion on whether the child's Erb's paralysis was caused by an error by a doctor or due to natural causes.

There are many factors that can trigger Erb's palsy. The most common is when a doctor exerts too much force during labor and birth. This can cause stretching or tears to brachial nerves and cause the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. You should consult with an attorney immediately if your child was diagnosed with this birth defect. A successful case could aid in the payment of medical bills as well as other costs associated with the injury. This could reduce the financial burden of your child and improve their life quality.

Expert witness reports

A medical professional is required to examine your Erb's case and give an opinion about what caused 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 may affect your life in the future.

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

In certain instances injuries can be corrected through surgery, but it may still cause problems. Children who suffer from this condition might not be able raise their hands or use their arms. This could be detrimental to their living quality particularly if it hinders them from participating in activities or doing everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to help weaker ones.

Your lawyer will collect as any evidence as you can and send it to the attorneys of the defendants. The defendants have 30 days to respond. 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. Additionally, they help prevent future medical mistakes by holding the parties responsible accountable. Our lawyers are equipped with the knowledge and resources to investigate your child's injury and determine whether the negligence of a medical professional caused the injury.

One of the most common instances of medical malpractice causing Erb's syndrome is when a doctor puts too hard on a baby's head, neck, arms, or shoulders during labor and birth. It can be caused by the improper use of vacuum extractors. It could also be caused by a prolonged labor that puts stress on the baby's shoulders and head.

A few babies who suffer from Erb's paralysis can fully recover and be capable of moving their arms again. But, others suffer permanent nerve damage and suffer from a disability for the rest of their lives. Fortunately, the majority of cases of Erb's Palsy are preventable and result of medical carelessness during labor and delivery.

Once the medical records and other evidence have been taken into consideration, our lawyers will file a lawsuit against the defendants, which are typically the doctor or hospital involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This could include depositions, other medical records, and expert opinions. Most Erb's palsy lawsuits end with a settlement, but we're prepared to take your case all the way through trial if needed.

Trial preparation

The final step of pursuing compensation for a child's plexus brachial injury is to present your case before a jury or judge. Your Erb's ailment lawyer will try to establish that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted in a reasonable manner.

Typically, the parties will agree to a settlement prior to trial. This is designed to satisfy the interests of both sides and bring the litigation to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation received is contingent upon the severity of the injury and how much medical treatment is needed in the future.

Families with children suffering from brachial plexus injuries often struggle to cover the costs. The financial compensation offered by an Erb's palsy lawsuit can help families pay for the expenses they could incur in order to treat their children's condition. It can also cover lost wages if the injury impacts a child's ability to work. It can also help alleviate the physical and emotional stress of living with an injury that has a profound impact on the life of a child. A family lawyer with experience in Erb's Palsy can help families get the damages they are entitled to.