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Erb's Palsy Litigation

A child who has erb's syndrome could be eligible for compensation to cover medical treatment and future expenses. These funds can help families cope with the trauma of birth.

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

Medical Records

It can be a devastating experience for a family when a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and impairment that can hinder the child's ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can assist families get compensation for their losses.

The first step of filing a medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will provide their opinion on whether the Erb's Palsy in your child was caused by an error in medicine or natural causes.

Erb's Palsy may be caused by a variety of causes. The most frequent cause is when a doctor exerts excessive force during labor and birth. This can stretch or tear brachial nerves and trigger the condition. There are fortunately, specific methods that doctors can employ to prevent this from occurring. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses as well as other costs associated with the injury. This will help ease the financial burden of your child and improve their quality of life.

Expert Witness Reports

A medical professional will be required to examine your Erb's palsy case and provide an opinion on the cause of the injury, and whether it was caused by negligence of a physician. The expert will also assist you to determine the severity of your injuries and how they may affect your future life.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This occurs more often when vaginal births are occurring, but can also occur during c-sections. The injury usually occurs when doctors have to move a baby's shoulders to facilitate the delivery. The process can stretch or tear the nerves in the armpit, causing long-term damage.

In some instances the injury can be corrected through surgery, but it could still cause problems. Children who suffer from this condition might not be able to lift their hands or use their arms. This can affect their quality of living particularly if it hinders them from participating in sports or performing everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to help weaker ones.

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

Documentation

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

One of the most common instances of medical malpractice causing Erb's syndrome is when a doctor puts too hard on a baby's head, neck, arms, or shoulders during labor and delivery. This could be due to the improper use of vacuum extractors. It could be caused by long labor that causes stress to the baby's shoulders and head.

Some babies with Erb's palsy recover completely and can move their arms again. However, some babies have permanent nerve damage and will suffer from disability for the remainder of their lives. Fortunately, the majority cases of Erb's Palsy can be prevented and are the result of medical carelessness during labor and delivery.

Once the medical records and other evidence are taken into consideration, our lawyers 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 and other medical records. Expert opinions are also provided. Most erb's palsy lawyers palsy lawsuits end in settlement, but we're ready to take your case all the way through trial if needed.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries in children is to argue before a judge or jury. Your Erb's palsy lawyer will attempt to show that the healthcare professional did not perform their duties in a particular scenario, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted reasonably.

Typically, the parties will settle the case prior to trial. The intention is to satisfy both parties' needs and also to close the case. The plaintiffs will receive an amount of money in one lump and the lawsuit will be closed. The amount of compensation received is contingent upon the severity of the injury and the amount of medical treatment is needed in the future.

Families with children who have brachial plexus injuries often struggle to pay for the costs. A lawsuit against Erb's Palsy could offer financial relief for families who might have to incur expenses in treating their children's ailments. It also assists with the loss of wages if an injury has a negative impact on a child's ability to work in the future. Additionally, it can help deal with the emotional and physical stress of living with a life-altering birth injury. An experienced attorney from Erb's palsy can assist families to pursue the compensation they deserve.