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Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover the cost of treatment and future medical expenses. These funds can assist families in dealing with this birth injury.

Your lawyer will examine 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

If a child has Erb's syndrome, it can be devastating for their entire family. The condition can cause pain, swelling and attorneys disability that can affect the ability of a child to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step to filing a claim for medical malpractice is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will review the documents and Attorneys may need to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will offer their opinion on whether Erb's Palsy in your child is due to a medical error or natural cause.

A variety of factors can trigger Erb's palsy. The most common cause is that a doctor uses too much force when performing labor and delivery. This can tear or stretch brachial nerves and cause the condition. There are a variety of techniques doctors can employ to prevent this. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim will pay for the medical bills for your child as well as other costs related to the injury. This can reduce the financial burden and improve your child's overall quality of life.

Expert Witness Reports

A medical professional is required to look over your case of Erb's palsy and give an opinion about the cause of the injury and if it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they will impact your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This is more common in vaginal births however it can occur during c-sections. This type of injury occurs when doctors move the shoulders of a baby in order to facilitate delivery. The process may pull or tear the nerves in the armpit, causing permanent damage.

In certain instances the injury can be corrected through surgery, but it could still cause issues. Children suffering from this condition may not be able to use their arms or raise their hands. This can impact their well-being, especially if they are unable to participate in sports or carry out everyday tasks. Certain people may benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons that support the weaker ones.

When you file a claim your lawyer will collect as much evidence as they can and send it to attorneys for the defendants. The defendants have 30 days to respond. After this the court will then schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits help families receive compensation for injuries suffered by their children. They can also prevent further medical errors by holding accountable parties accountable. Our lawyers have the experience and resources to thoroughly examine your child's case and determine if the negligence of a medical professional led to the brachial plexus 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 or shoulders during labor and birth. This may be due to the incorrect use of forceps or vacuum extractors and a long labor that puts stress on the baby's shoulders and head or shoulder dystocia.

Some babies suffering from Erb's palsy can fully recover and be capable of moving their arms again. However, other babies have permanent nerve damage and be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's palsy can be prevented and are the result of medical carelessness during labor and delivery.

Once the medical records and other evidence is collected, our attorneys will begin a lawsuit against defendants, typically the doctor or hospital involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions as well as additional medical records. Expert opinions are also incorporated. Most Erb's Palsy lawsuits are settled, but we may consider bringing your case to trial if necessary.

Trial preparation

The final stage of seeking compensation for a child's brachial plexus injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional behaved reasonably.

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

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to cover the costs. Financial compensation from an Erb's palsy lawsuit can assist families with the costs they might incur in treating their children's illness. It can also pay for lost wages, if the injury impacts a child's ability to work. Finally, it can help alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can assist families to pursue the damages they are entitled to.