Erb’s Palsy Litigation
A child suffering from erb’s palsy could be eligible for compensation to cover future medical costs and treatment. The funds could also help families cope with the emotional stress of this birth injury.
Your lawyer will review your medical records and determine the value your case is worth. The lawsuit will be filed and the defendants will have 30 days to respond.
Medical records
It can be a major blow to families when a child suffers from Erb’s palsy. The condition can cause swelling and pain, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A knowledgeable Erb’s Palsy lawyer can help families receive 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 documents and witness statements. Your attorney will look over these documents and may need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will offer their opinion on whether Erb’s Palsy in your child was the result of an error in medical treatment or natural cause.
Erb’s palsy can be caused by many factors. The most common is when a doctor applies excessive force during labor and birth. This can cause strain or tear to brachial nerves causing the condition. There are methods that doctors can use to avoid this. If your child has been diagnosed with this birth injury, contact a lawyer immediately to start a lawsuit. The benefits of a successful claim can help pay for the medical bills for your child as well as other costs associated with the injury. This could help ease the financial burden of your child and enhance their quality of life.
Expert Witness Reports
A medical professional is required to look over your Erb’s case and provide an opinion on what caused the injury and whether it was caused by negligence of a physician. The expert will also assist you to determine the severity of your injuries and how they may affect your future.
Erb’s Palsy can be caused by birth trauma to the brachial plexus. This is more common during vaginal births however it can occur during c-sections. This injury happens when doctors move the shoulders of a newborn in order to facilitate delivery. The process may strain or tear nerves in the armpit, causing long-term damage.
The injury may be repaired by surgery, but it may cause complications. Children who suffer from this condition might not be able raise their hands or use their arms. This can affect their well-being, especially when they are unable play sports or do everyday tasks. Some people are able to benefit from muscle transfer surgeries in which surgeons place stronger muscles or tendons that support the weaker ones.
If you file a claim your lawyer will collect as much evidence as possible and present it to attorneys for the defendants. The defendants have 30 days to respond. After that the court will set a date for your Erb’s Palsy lawsuit for trial.
Documentation
Erb’s palsy lawsuits can help families receive compensation for injuries sustained by their children. They also help prevent future medical errors by holding responsible parties liable. Our lawyers have the experience and resources to thoroughly examine your child’s case and determine if an error by a medical professional led to his or her brachial plexus injury.
One of the most common instances of medical malpractice causing Erb’s palsy is when a doctor puts too hard on a baby’s head, neck or shoulders during labor and delivery. This may 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 children with Erb’s Palsy can fully recover and be able to move their arms normally again. But, others suffer permanent nerve damage and be handicapped for the rest of their lives. Fortunately, the majority of cases of erb’s palsy law firm palsy are preventable and the result of medical carelessness during labor and delivery.
Our attorneys will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all medical records and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, additional medical documents, as well as expert opinions. The majority of Erb’s Palsy lawsuits are settled, but we will consider bringing your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for a child’s brachial nerve injury is presenting evidence before a jury or judge. Your Erb’s Palsy lawyer will try to prove that the healthcare provider failed to be reasonable in a particular set of circumstances. The lawyers representing the defendant will try to convince a jury or judge that they acted reasonable.
In most cases, the parties reach an agreement before the trial. The goal of the settlement is to satisfy both parties’ interests and also to close the case. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of compensation depends on the severity of the injury and how much medical care will be needed in the future.
Families with children with brachial plexus injuries often struggle to cover the costs. Financial compensation from an Erb’s Palsy lawsuit may assist families with the costs they may incur for treating their children’s condition. It also assists with the loss of wages if the injury hinders the ability of a child to work in the future. It also helps to ease the physical and emotional strain of dealing with an injury that has an enormous impact on the life of a child. An experienced family lawyer who has expertise in Erb’s palsy can assist families to receive the compensation they are entitled to.