Erb’s Palsy Litigation
A child who has erb’s syndrome may be eligible for compensation to pay for the cost of treatment and future medical expenses. These funds can aid families to cope with the birth injury.
Your lawyer will examine 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 palsy, it could be devastating for the family. The condition can cause swelling, pain and disability that may affect a child’s ability to use their hands for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb’s Palsy lawyer will help families get compensation for the losses they have suffered.
The first step in filing a claim for medical negligence is to collect 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 as well as orthopedic surgery. Experts will give their opinion on whether the Erb’s Palsy in your child was caused by an error in medical treatment or natural causes.
Erb’s Palsy is caused by a variety of causes. The most common cause is when a physician uses excessive force during labor and birth. This can cause strain or tear to brachial nerves and cause the condition. Fortunately, there are specific techniques that physicians can employ to prevent this from happening. 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 can be used to pay the medical bills of your child as well as other costs associated with the injury. This will help ease the financial burden of your child and enhance their quality of life.
Expert Witness Reports
A medical professional will be required to evaluate 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 can also help determine how serious your injuries are and how they could impact your future.
Erb’s Palsy is caused by an injury from birth to the brachial plexus. It is more common in vaginal births, however it can also occur during c-sections. The injury is caused when doctors move the shoulders of a newborn to ease delivery. The process may cause nerve damage or stretch in the armpit, which can cause permanent damage.
In some instances injuries can be corrected through surgery, but it could still cause problems. Children with this type of injury may not be able use their arms or raise their hands. This can impact their quality of life, particularly when they are unable engage in sports or perform daily tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.
If you file a claim, your lawyer will collect as much evidence as possible and send it to defendants’ attorneys. The defendants will then have 30 days to respond to your claim. The court will then schedule your Erb’s Palsy trial.
Documentation
Families can seek compensation for the harm their children suffered by filing lawsuits for Erb’s palsy. In addition, they can prevent future medical errors by holding those responsible accountable. Our lawyers are equipped with the resources and experience to investigate your child’s injury and determine whether the negligence of a medical professional caused the injury.
Erb’s Palsy can be caused due to a doctor pulling too hard on the baby’s neck, head, or shoulders during the birth. It can be caused by the incorrect use of vacuum extractors. It can be caused by long labor, which causes stress to the baby’s head and shoulders.
A few babies with Erb’s paralysis recover completely and can move their arms normally. However, some babies have permanent nerve damage and will be disabled for the duration of their lives. Thankfully, most cases of Erb’s syndrome are preventable and a result of medical mistakes during labor and delivery.
After the medical records and other evidence have been taken, our attorneys will start a lawsuit against defendants, which is usually the hospital or doctor involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This includes depositions and other medical documents. Expert opinions are also provided. The majority of Erb’s Palsy lawsuits are settled, but we may take your case to trial if necessary.
Trial preparation
The final step in seeking compensation for brachial-plexus injuries suffered by children is to present arguments before a jury or judge. Your Erb’s ailment lawyer will try to establish that the healthcare provider failed to act reasonable in a certain set of circumstances. The lawyers representing the defendant will attempt to convince a judge or jury that they were able to act in a reasonable manner.
In most cases, the parties come to an agreement before trial. This is designed to meet the needs of both sides and bring the lawsuit to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of money awarded is based on the severity the injury and how much medical treatment is needed in the future.
Families with children who have brachial plexus injury often struggle to cover the costs. The financial compensation offered by an Erb’s palsy lawsuit could help families pay for the expenses they might incur in treating their children’s condition. It can also cover lost earnings, if the injury impacts a child’s ability to work. It can also help to ease the emotional and physical stress of living with an injury that can alter the course of life. A family lawyer with experience with Erb’s Syndrome can assist families in obtaining the compensation they deserve.