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Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover the cost of treatment and future medical expenses. These funds can also help families deal with the emotional trauma caused by this birth injury.

Your lawyer will review your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be a major blow to families when a child has Erb's Palsy. The condition can cause pain, swelling and disability that can affect the ability of a child to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for their losses.

The first step in filing a claim for medical negligence is to gather evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will offer their opinion on whether the Erb's Palsy in your child was the result of a medical error or natural cause.

Several factors can lead to Erb's palsy. Most often, doctors may use too much force when they perform labor and delivery. This can tear or stretch the brachial plexus nerves, leading to the condition. Fortunately, there are specific techniques that physicians can employ to prevent this from occurring. You should consult with an attorney as soon as your child was diagnosed with this birth defect. A successful case could help pay for medical bills and other expenses relating to the injury. This can help reduce the financial burden and enhance your child's quality of life.

Expert witness reports

An expert medical is required to review your Erb’s palsy case. They will provide their opinion on the cause of the injury, and whether or not it was caused by negligence by a physician. The expert can also help determine the severity of your injuries and how they could affect your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more prevalent when vaginal births are occurring, but can also happen during c-sections. The injury is usually caused when doctors have to move the baby's shoulders in order to facilitate the delivery. The procedure can tear and stretch the armpit's nerves which can cause permanent damage.

In certain cases, the injury can be corrected with surgery, but it can still cause problems. Children with this condition may not be able their hands or use their arms. This could impact their health, especially if they are unable to participate in sports or carry out everyday tasks. Certain people can benefit from muscle transfer surgeries where surgeons insert stronger muscles or tendons to help support the weaker ones.

When you file a claim, your lawyer will gather the most evidence possible and send it to lawyers of the defendants. The defendants will then have 30 days to respond to your claim. Following this the court will then schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical errors by holding the responsible parties accountable. Our lawyers have the expertise and resources to fully investigate your child's case and determine if a medical professional's negligence led to the brachial plexus injury.

One of the most common instances of medical malpractice that causes Erb's palsy occurs when a doctor pulls too hard on a baby's head neck or shoulders during labor and delivery. This can be caused by the improper use or vacuum extractors. It can also be caused by a prolonged labor that puts stress on the baby's shoulders and head.

Some children with Erb's Palsy can fully recover and be able to move their arms again. Some babies suffer permanent nerve damage and will be disabled for the rest of their lives. The majority of cases of Erb's Palsy can be prevented and result from medical malpractice during labor and birth.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all medical documents and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, further medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case all the way through trial if needed.

Trial preparation

The final step of pursuing compensation for a child's brachial-plexus injury is presenting arguments before a jury or judge. Your Erb's ailment lawyer will try to establish that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The attorneys representing the defendant will attempt to convince a jury or judge that they acted reasonable.

In the majority of instances, the parties reach an agreement before trial. This is designed to satisfy the needs of both parties and bring the lawsuit to an end. The plaintiffs will receive an amount in one lump sum and the lawsuit will close. The amount of money awarded will depend on the severity and future medical needs of the injury.

Families with children with brachial-plexus injuries are often unable to cover the costs. The financial compensation offered by an Erb's psy suit can help families pay for the expenses they might incur in treating their children's condition. It also assists with the loss of wages if the injury impacts the child's ability to work in the future. Additionally, it can help to ease the emotional and physical stress of living with a life-altering birth injury. An experienced attorney for erb's palsy lawyers Palsy can assist families in pursuing the damages they are entitled to.