Erb’s Palsy Litigation
A child suffering from erb’s palsy might be eligible to receive compensation for treatment and future medical expenses. These funds can also help families cope with the emotional trauma of this birth injury.
Your lawyer will look over your medical records and determine how much your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
When a child suffers from Erb’s palsy, it can be devastating for the family. The condition can cause swelling, pain and impairment that can hinder the child’s ability to use their hands for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb’s palsy lawyer can help families receive compensation for their losses.
The first step to filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may have to consult experts in obstetrics and anesthesia, and orthopedic surgery. These experts will offer their opinion on if Erb’s ailment in your child is due to an error in medical treatment or Vimeo natural cause.
Erb’s palsy can be caused by a variety of causes. Most often, a doctor uses too much force during labor and delivery. This can cause stretching or tears to brachial nerves causing the condition. There are fortunately, specific methods that doctors can employ to prevent this from happening. It is recommended to speak with 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 help ease the financial burden of your child and improve their quality of life.
Expert Witness Reports
A medical expert will be needed to analyze your Erb’s palsy case. They will offer their opinion about what caused the injury and whether it was caused by negligence by a doctor. The expert will also help determine the severity of your injuries and how they might affect your future life.
Erb’s Palsy is caused by an injury from birth to the brachial plexus. This is more prevalent during vaginal births, but can also occur during c-sections. This injury happens when doctors move the shoulders of a newborn in order to facilitate delivery. The process may stretch or tear the nerves in the armpit, causing permanent damage.
In some cases, the injury can be treated with surgery, but it may still cause problems. Children who suffer from this condition might not be able their hands or vimeo use their arms. This can negatively impact their quality of life particularly if it hinders them from playing activities or doing everyday tasks. Some people are able to 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 will then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.
Documentation
Erb’s palsy lawsuits assist families get compensation for their children’s injuries. They also help prevent future medical errors by holding responsible parties liable. Our lawyers are equipped with the knowledge and resources to investigate the injuries of your child and determine if a medical professional’s negligent actions caused the injury.
Erb’s Palsy can be caused by a doctor pulling too hard on the baby’s neck, head, arms or shoulders during the delivery. This could be due the incorrect use of vacuum extractors or forceps or a prolonged labor that puts stress on the baby’s shoulders and head or shoulder dystocia.
Some children with Erb’s Palsy recover completely and can move their arm in a normal way. But, others suffer permanent nerve damage and will be disabled for the rest of their lives. The majority of cases of Erb’s Palsy can be avoided and are caused by medical negligence during labor and delivery.
Once the medical records and other evidence have been taken, our attorneys will start a lawsuit against defendants, which are typically the hospital or doctor that was involved in your child’s birth. After the lawsuit is filed, the discovery process will begin. This includes depositions, further medical documents, and expert opinions. The majority of Erb’s palsy lawsuits result in settlement, but we are prepared to pursue your case to trial if necessary.
Trial preparation
The final step in seeking compensation for injuries to the brachial plexus suffered by children is to argue before a jury or judge. Your Erb’s Palsy lawyer will attempt to establish that the healthcare provider did not act reasonable in a certain set of circumstances. The defendant’s lawyers will try to convince a jury or judge that they acted in a reasonable manner.
Typically, the parties settle the case prior to trial. This is designed to meet the needs of both sides and bring the case to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation will depend on the severity and future medical needs of the injury.
Parents of children suffering from brachial plexus injuries face significant costs and often struggle to pay for them. The financial compensation offered by an Erb’s palsy lawsuit can aid families in paying for the costs they may incur to treat their children’s illness. It may also cover lost wages, if the injury hinders a child’s ability to work. It can also assist in easing the physical and emotional burden of having an injury that can have an enormous impact on the life of a child. A family attorney who has expertise in Erb’s palsy can assist families to receive the compensation they are entitled to.