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Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for the cost of treatment and future medical expenses. These funds can also help families cope with the emotional trauma caused by this birth injury.

Your lawyer will go through your medical records and Erb's palsy determine the value your case is worth. The lawsuit will be filed and defendants will have 30 days to respond.

Medical records

It can be a devastating experience for families when a child suffers from Erb's palsy. The condition can cause pain, swelling and disability that could affect the ability of a child to use their hands for Erb's Palsy basic functions like playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's Palsy lawyer can help families get compensation for their losses.

The first step in filing an action for medical malpractice is to gather evidence of negligence. This includes medical documents as well as witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child was the result of an error in medical treatment or natural cause.

Several factors can lead to Erb's paralysis in various ways. Most often, doctors uses too much force when they perform labor and delivery. This can cause strain or tear to brachial nerves and cause the condition. There are methods that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, it is important to 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 costs associated with the injury. This can ease the financial burden and improve your child's quality of life.

Expert Witness Reports

A medical professional will be required to look over your Erb's case and give an opinion about the cause of the injury and if it was caused by a doctor's negligence. The expert will also be able to help you determine the severity of your injuries and how they could affect your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This occurs more often during vaginal births, but can also happen during c-sections. This type of injury occurs when doctors move the shoulders of a baby to ease the delivery process. The process can strain and tear the armpit nerves causing permanent damage.

In some instances the injury may be repaired with surgery, but it may still cause problems. Children who suffer from this condition may not be able to use their arms or raise their hands. This could impact their health, especially those who are unable perform everyday tasks. Certain people might benefit from muscle transfers, where surgeons implant stronger tendons or muscles to help weaker ones.

Your lawyer will gather as the evidence you can and forward it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits can help families to receive compensation for injuries sustained by their children. They can also stop further medical errors by holding responsible parties liable. Our lawyers are equipped with the knowledge and resources to investigate your child's injuries and determine whether a medical professional's negligent actions caused it.

One of the most common instances of medical malpractice causing Erb's palsy occurs when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and birth. This could be due to the improper use of forceps or vacuum extractors as well as a long labor which creates stress on a baby's shoulders and head, or shoulder dystocia.

Some children with Erb's Palsy recover completely and can move their arm normally again. But, others suffer permanent nerve damage and will be handicapped for the duration of their lives. Fortunately, the majority of cases of Erb's paralysis are preventable and a result of medical negligence during labor and delivery.

Our lawyers will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all medical records and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, as well as other medical documents. Expert opinions are also available. The majority of Erb's Palsy lawsuits end in settlements, but we're prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to make arguments before a judge or jury. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider did not act reasonable in a certain set of circumstances. The lawyer representing the defendant will attempt to convince a judge or jury that they acted in a reasonable manner.

Typically, the parties agree to a settlement prior to trial. This is designed to satisfy the desires 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 be closed. The amount of money awarded 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 cover them. Financial compensation from an Erb's Palsy lawsuit may help families with the expenses they could incur in order to treat their children's illness. It can also pay for lost wages if the condition hinders a child's ability to work. It can also help cover the physical and emotional burden of dealing with an injury that has an impact that is profound on the life of a child. An experienced Erb's palsy attorney will assist families in pursuing the compensation they deserve.