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Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds may also help families deal with the emotional trauma of this birth injury.

Your lawyer will review 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

When a child suffers from Erb's syndrome, it can be devastating for their entire family. The condition can cause pain, swelling and impairment that can hinder a child's ability 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 to receive compensation for their losses.

The first step of filing an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over these documents and may even require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's palsy was the result of an error made by a doctor, or due to natural causes.

Erb's Palsy may be caused by several factors. The most frequent cause 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. There are fortunately, specific methods that doctors can employ to stop this from occurring. It is important to contact an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful claim can be able to pay for medical bills and other expenses relating to the injury. This will reduce the financial burden of your child and improve the quality of their life.

Expert witness reports

An expert medical will be required to evaluate your Erb's palsy case. They will give their opinion on what caused the injury, and whether or not it was due to negligence by a doctor. The expert can also help determine how serious your injuries are and how they may impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more frequent in vaginal births, however it can also occur during c-sections. The injury is caused when doctors move the shoulders of a newborn to facilitate delivery. The process may stretch or tear the nerves in the armpit, which can cause permanent damage.

In some instances, the injury can be repaired with surgery, but it could still cause issues. Children suffering from this condition may not be able to lift their hands or use their arms. This could affect their quality of living and, in particular, if it stops them from participating in sports or doing the everyday chores. Certain people may benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons that support the weaker ones.

If you file a claim your lawyer will collect as much evidence as they can and present it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the expertise and resources to fully investigate your child's situation and determine if negligence by a medical professional contributed to the brachial plexus injury.

One of the most frequent instances of medical malpractice causing erb's palsy law firm palsy is when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and birth. This could be due to the incorrect use of vacuum extractors or forceps and a long labor that creates stress on a baby's head and shoulders or shoulder dystocia.

Some babies with Erb’s palsy can fully recover and be capable of moving their arms normal. However, some babies have permanent nerve damage and be handicapped for the rest of their lives. Most cases of Erb’s palsy can be avoided and are the result of medical malpractice during labor and delivery.

Our lawyers will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all medical records and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, further medical records, and expert opinions. Most Erb's palsy lawsuits end in 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 make arguments before a jury or judge. Your Erb's lawyer will try to show that the healthcare professional failed to act in a reasonable way under a specific situation, while the defendant's attorneys will try to convince the judge or jury that the healthcare professional was acting reasonably.

Typically, the parties will settle the case prior to trial. The intention is to satisfy both parties' interests and also to close the case. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of compensation will depend on the severity and future medical needs of the injury.

Families with children who have brachial plexus injuries often struggle to cover the costs. A lawsuit for Erb's psy can provide financial compensation to families that may need to pay for medical expenses related to their children's ailments. It also assists with the loss of earnings if the injury affects the child's ability to work in the future. It can also assist in easing the physical and emotional stress of living with an injury that can have a profound impact on a child's life. An experienced Erb's palsy attorney will assist families in pursuing the damages they are entitled to.