Erb’s Palsy Litigation
Children with Erb’s Palsy can be compensated for future medical bills and treatments. These funds can assist families in dealing with this birth injury.
Your lawyer will review your medical records and determine how much your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
It can be a devastating experience for families if a child has the condition Erb’s – Palsy. The condition can cause swelling and pain that can make it difficult for children to do everyday tasks such as playing sports or putting on their shirt. A lawsuit filed by a skilled Erb’s Palsy lawyer can help families recover compensation for their losses.
The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need to consult experts in obstetrics and anesthesia and orthopedic surgery. These experts will provide their opinion on whether your child’s Erb’s ailment was the result of a doctor’s error or due to natural causes.
A variety of factors can trigger Erb’s Palsy in a variety of ways. The most common cause is when a doctor exerts too much force during labor and birth. This can stretch or tear brachial nerves, causing the condition. There are techniques that doctors can use to avoid this. If your child has been diagnosed with this birth injury, consult a lawyer right away to file a lawsuit. The compensation you receive from a successful lawsuit will pay for the medical bills of your child and other costs related to the injury. This can ease the financial burden and enhance your child’s quality of life.
Expert witness reports
A medical professional will be needed to review your Erb’s palsy case and provide a verdict on 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 life in the future.
Erb’s Palsy can be caused by birth trauma to the brachial-plexus. It is more prevalent in vaginal births but can happen during c-sections. This injury occurs when doctors move the shoulders of a baby to facilitate delivery. The process can cause stretching and tear to the nerves of the armpit creating permanent damage.
The injury may be repaired through surgery, but it could cause complications. Children with this type of injury may not be able use their arms or raise their hands. This could negatively impact their daily living, especially if it prevents them from playing activities or doing everyday tasks. Certain people may benefit from muscle transfer surgeries in which surgeons place stronger muscles or tendons to help support weaker ones.
If you file a claim your lawyer will collect as much evidence as they can and send it to defendants’ attorneys. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.
Documentation
erb’s palsy attorneys palsy lawsuits help families get compensation for injuries sustained by their children. In addition, they can keep medical errors from happening again by holding the accountable parties accountable. Our lawyers have the resources and experience to investigate the injuries of your child and determine whether the negligence of a medical professional caused the injury.
Erb’s palsy may be caused by a doctor who pulls too hard on the baby’s neck, head, arms or shoulders during the delivery. This could be due to the incorrect use of forceps or vacuum extractors and a long labor that causes stress on a baby’s head and shoulders, or shoulder dystocia.
Some babies with Erb’s palsy will recover completely and be capable of moving their arms normally again. However, some babies have permanent nerve damage and suffer from a disability for the duration of their lives. The majority of cases of Erb’s Palsy can be avoided and are the result of medical negligence during labor and delivery.
Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all medical documents and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions and additional medical documents. Expert opinions are also incorporated. The majority of the Erb’s palsy cases end in settlement, however we’re ready to take your case all the way through trial if necessary.
Trial preparation
The final step of pursuing compensation for a child’s brachial nerve injury is to present arguments before a jury or judge. Your Erb’s Palsy lawyer will try to prove that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyer representing the defendant will try to convince a jury or judge that they acted reasonable.
Typically, the parties reach a settlement before trial. This is done to satisfy the needs of both sides and bring the case to an end. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of money awarded is contingent upon the severity of the injury and how much medical care will be needed in the future.
Parents of children with brachial plexus injuries face significant costs and often struggle to pay for them. A lawsuit involving Erb’s palsy could offer financial relief to families who are likely to pay for medical expenses related to their children’s ailments. It could also help cover the loss of wages if the injury impacts a child’s ability to work. It can also help cover the physical and emotional strain of dealing with an injury that can have an enormous impact on the life of a child. An experienced Erb’s palsy attorney can help families pursue the compensation they deserve.