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Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical expenses and treatment. These funds can also help families deal with the emotional trauma caused by this birth injury.

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

Medical records

If a child has Erb's Palsy, it can be devastating for their entire family. The condition can cause swelling and pain, which can make it difficult for a child to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for their losses.

The first step in filing a claim for medical negligence is to collect 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 as well as anesthesia and orthopedic surgery. These experts will give their opinions on whether or not your child's Erb's ailment was the result of the error of a doctor or due to natural causes.

Many factors can cause Erb's palsy due to a variety of causes. The most common reason is when a doctor uses too much force during labor and delivery. This can cause strain or tears to the brachial plexus nerves which can cause the condition. There are a variety of techniques doctors can employ to prevent this. You should contact an attorney as soon as your child was diagnosed with this birth defect. A successful lawsuit could help pay for medical bills as well as other costs associated with the injury. This can help reduce the financial burden and improve your child's quality of life.

Expert witness reports

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

Erb's Palsy is caused by birth injuries to the brachial plexus. This is more prevalent during vaginal births but can also occur during c-sections. The injury is usually caused when doctors must move the baby's shoulders in order to facilitate the delivery. The process may stretch or tear the nerves in the armpit, which can cause permanent damage.

The injury can sometimes be repaired with surgery, but can still cause complications. Children with this type of injury may not be able use their arms or raise their hands. This could impact their quality of life, particularly when they are unable engage in sports or perform daily tasks. Certain people may benefit from muscle transfer surgeries in which surgeons place stronger muscles or tendons in order to support the weaker ones.

If you file a claim your lawyer will gather as much evidence as they can and submit it to the defendants' attorneys. The defendants then have 30 days to respond to your claim. After that, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can seek compensation for the harm their children suffered by filing Erb's Palsy lawsuits. In addition, they can keep medical errors from happening again by holding the responsible parties accountable. Our lawyers have the knowledge and resources to thoroughly investigate your child's medical history and determine if a medical professional's negligence led to a brachial plexus injury.

One of the most common instances of medical malpractice that causes erb's palsy law firms syndrome is when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and birth. This could be due to the incorrect use of forceps or vacuum extractors or a prolonged labor that results in stress on a baby's shoulders and head, or shoulder dystocia.

Some babies with Erb’s palsy can fully recover and be capable of moving their arms normally again. Some babies sustain permanent nerve damage, and may be disabled for the rest of their lives. Most cases of Erb’s palsy can be avoided and result from medical malpractice during labor and delivery.

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

Trial preparation

The final step in seeking compensation for brachial-plexus injuries suffered by children is to present evidence before a judge or jury. Your Erb's palsy lawyer is going to try to establish that the healthcare professional failed to perform their duties in a particular situation, while the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional acted reasonably.

Typically, the parties will settle the case prior to trial. This is designed to satisfy the desires of both parties and bring the litigation to a close. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of compensation received is contingent upon the severity of the injury and how much medical treatment will be required in the future.

Families with children with brachial plexus injuries often struggle to pay for the costs. The financial compensation offered by an Erb's Palsy lawsuit may help families pay for the expenses they could incur in order to treat their children's illness. It may also cover lost wages, if the injury hinders a child's ability to work. Additionally, it can help alleviate the emotional and physical stress of living with a life-altering birth injury. A family lawyer with experience in the field of Erb's Palsy will help families receive the compensation they are entitled to.