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Erb's Palsy Litigation

A child with erb's palsy could be eligible for compensation to cover the cost of treatment and future medical expenses. The funds could also help families cope with the emotional stress of this birth injury.

Your lawyer will examine your medical records to determine the value of your case. The lawsuit will be filed and the defendants have 30 days to respond.

Medical records

It can be devastating to families when a child has the condition Erb's - Palsy. The condition can cause pain, swelling and disability that could affect a child's ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step of filing a medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and Erb's palsy Lawyer may need to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. Experts will give their opinion on if Erb's ailment in your child is due to a medical error or natural cause.

Erb's Palsy can be caused by many factors. The most common reason is when a doctor applies excessive force during labor and birth. This can cause stretching or tears to brachial nerves causing the condition. There are strategies that doctors can employ to avoid this. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. 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 help reduce the financial burden and improve your child's quality of life.

Expert witness reports

An expert medical will be required to review your Erb’s palsy case. They will give their opinion about what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also be able to help you determine the severity of your injuries and how they could impact your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more common in vaginal births, however it can also occur during c-sections. This injury occurs when doctors move the shoulders of a baby to ease delivery. The process may stretch or tear the nerves in the armpit, causing long-term damage.

In certain instances, the injury can be corrected through surgery, but it can still cause issues. Children with this condition might not be able to use their arms or raise their hands. This could affect their health, especially if they are unable to play sports or do everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons and muscles to help weaker ones.

When you file a claim your lawyer will collect as much evidence as possible and then submit it to attorneys for the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can claim compensation for the harm their children sustained through filing a lawsuit for Erb's Psy. Additionally, they help stop future medical errors from occurring by holding the parties responsible accountable. Our lawyers have the knowledge and resources to investigate the injuries of your child and determine whether the negligence of a medical professional caused the injury.

One of the most frequent 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 incorrect use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's head and shoulders, or shoulder dystocia.

Some babies with Erb’s palsy will fully recover and be capable of moving their arms normally again. Some babies develop permanent nerve damage, and may be disabled for the rest their lives. Fortunately, the majority cases of Erb's palsy can be prevented and are the result of medical carelessness during labor and delivery.

After the medical records and other evidence have been collected, our attorneys will file a lawsuit against the defendants, which is typically the doctor or hospital involved in the birth of your child. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions, additional medical documents, as well as expert opinions. The majority of Erb's palsy lawsuits result with a settlement, but we're prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for brachial-plexus injuries suffered by children is to present arguments before a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional failed to perform their duties in a particular scenario, and lawyers for the defendant will try to convince the jury or judge that the healthcare professional behaved reasonably.

In most instances, the parties reach an agreement before trial. The aim of the settlement is to satisfy both parties' needs and end the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of compensation will depend on the severity and medical needs of the injury.

Children who suffer from brachial plexus injury often struggle to pay for the costs. A lawsuit involving Erb's palsy could offer financial relief to families that may need to pay for the treatment of their children's ailments. It also helps to cover lost wages if the injury impacts a child's ability to work in the future. It also helps to ease the physical and emotional strain of having an injury that can have an impact that is profound on the child's life. An experienced Erb's-Palsy attorney can help families pursue the damages they deserve.