Erb’s Palsy Litigation
Children suffering from Erb’s ‘Pasty’ can receive compensation for future medical expenses and treatment. These funds may also help families cope with the emotional trauma that comes from this birth injury.
Your lawyer will review your medical records to determine the worth of your case. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
If a child is suffering from Erb’s syndrome, it can be devastating for their families. The condition can cause pain and swelling that can make it difficult for a child to complete basic tasks such as playing sports or buttoning their shirt. An experienced Erb’s Palsy lawyer will help families get compensation for their losses.
The first step in filing a claim 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 require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. They will give you their opinion on whether the Erb’s Palsy in your child was due to an error in medical treatment or natural causes.
Several factors can lead to Erb’s palsy. The most common reason is when a doctor applies excessive force during labor and birth. This can cause strain or tears to the brachial plexus nerves, leading to the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to bring a lawsuit. The money you receive from a successful claim will pay for your child’s medical bills and other expenses related to the injury. This can alleviate financial burdens and improve your child’s quality of life.
Expert witness reports
A medical professional will be needed to review your Erb’s case and provide a verdict on the cause of the injury, and if it was caused by negligence of a physician. The expert will also help determine the extent of your injuries and how they will affect your life in the future.
Erb’s Palsy is caused by a birth injury to the brachial plexus. This is more prevalent during vaginal births, but can also occur during c-sections. The injury usually occurs when doctors must move a baby’s shoulders to facilitate the delivery. The procedure can tear and stretch the armpit nerves which can cause permanent damage.
The injury may be corrected by surgery, but it can cause complications. Children who suffer from this condition might not be able their hands or use their arms. This could affect their living quality, especially if it prevents them from playing sports or performing everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to support weaker ones.
When you file a claim your lawyer will gather as much evidence as is possible and present it to attorneys for 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 injuries their children sustained through filing Erb’s Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the necessary resources and expertise to investigate your child’s injuries and determine whether the negligence of a medical professional caused it.
One of the most common instances of medical malpractice that causes Erb’s palsy is when a doctor puts too hard on a baby’s head, neck or shoulders during labor and birth. This could be due to the improper use of vacuum extractors or forceps, a long labor that causes stress on a baby’s shoulders and head or shoulder dystocia.
Some babies suffering from Erb’s palsy recover completely and are able to move their arm normally again. Some babies suffer permanent nerve damage, and may be disabled for the rest their lives. Most cases of erb’s palsy lawyers paralysis can be prevented and are the result of medical negligence during labor and delivery.
Once the medical records and other evidence have been obtained, our lawyers will start a lawsuit against defendants, typically the doctor or hospital involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This will include depositions as well as additional medical documents, and expert opinions. Most Erb’s palsy lawsuits end with a settlement, but we are prepared to take your case to trial if needed.
Trial preparation
The final step in seeking compensation for injuries to the brachial plexus in children is to argue before a jury or judge. Your Erb’s palsy lawyer will try to show that the healthcare professional did not perform their duties in a particular set of circumstances, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional behaved reasonably.
Typically, the parties will come to a deal prior to trial. This is done to meet the needs of both sides and bring the case to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of the compensation is based on the severity the injury and how much medical care will be needed in the future.
Children with brachial plexus injuries are faced with significant costs and often struggle to cover these costs. A lawsuit for Erb’s Palsy could offer financial relief to families who are likely to pay for the treatment of their children’s illness. It also assists in recouping lost earnings if the injury affects the child’s ability to work in the future. It can also help to ease the emotional and physical stress of living with an injury that can alter the course of life. An experienced Erb’s palsy attorney can help families pursue the compensation they deserve.