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Erb's Palsy Litigation

A child suffering from erb's paralysis may receive compensation to cover treatment and future medical expenses. These funds can aid families to cope with the birth injury.

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

Medical records

It can be devastating to a family when a child has Erb's Palsy. The condition can cause pain, swelling and impairment that can hinder the ability of a child to use their hands for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's-Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step in filing a claim for medical negligence is to gather evidence of negligence. This includes medical records and erb's palsy lawsuit witness statements. The attorney will review the documents and may have to consult experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. These experts will provide their opinion on whether your child's Erb's syndrome was caused by an error by a doctor or due to natural causes.

Several factors can lead to Erb's Palsy in a variety of ways. The most common is when a doctor exerts excessive force during labor and delivery. This can stretch or tear the brachial plexus nerves, leading to the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. It is important to contact an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills of your child as well as other expenses related to the injury. This could ease your child's financial burden and enhance their quality of life.

Expert Witness Reports

A medical professional is required to evaluate your Erb's palsy case and give an opinion about the cause of the injury, and whether it was due to negligence by a doctor. The expert will also help you determine the extent of your injuries and how they will affect your life in the future.

Erb's Palsy is caused by a birth injury to the brachial plexus. It is more prevalent in vaginal births, but can occur during C-sections. The injury is often caused by doctors who have to move a baby's shoulders to facilitate delivery. The process can stretch and tear the armpit's nerves creating permanent damage.

In some instances the injury can be corrected through surgery, but it could still cause problems. Children suffering from this condition may not be able to lift their hands or use their arms. This could impact their health, especially when they are unable to participate in sports or carry out everyday tasks. Some people are able to benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons to support weaker ones.

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

Documentation

Families can receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties accountable. Our lawyers have the expertise and resources to thoroughly examine your child's case and determine if an error by a medical professional led to his or her brachial plexus injury.

Erb's spalsy can be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during birth. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's shoulders and head, or shoulder dystocia.

Some babies with Erb's palsy recover completely and can move their arm normally again. Some babies sustain permanent nerve damage, and will be disabled for the rest of their lives. Thankfully, most cases of Erb's paralysis are preventable and the result of medical mistakes during labor and delivery.

Our attorneys will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) once they have collected all the medical documents and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, as well as other medical records. Expert opinions are also included. Most Erb's palsy lawsuits end with a settlement, but we are prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for brachial-plexus injuries in children is to present arguments before a jury or judge. Your Erb's palsy lawyer will attempt to establish that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, while the defendant's attorneys will try to convince the judge or Erb's Palsy Lawsuit jury that the healthcare professional acted in a reasonable manner.

Typically, the parties reach a settlement before trial. This is designed to satisfy the interests of both sides and bring the lawsuit to a close. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of money awarded will depend on the severity and future medical requirements of the injury.

Parents of children who suffer from brachial plexus injury face substantial expenses and often have to pay for them. The financial compensation offered by an erb's palsy lawyers palsy lawsuit can help families pay for the expenses they may incur to treat their children's condition. It can also cover lost wages if the injury affects a child's future ability to work. It can also assist in easing the physical and emotional burden of living with an injury that can have an immense impact on the child's life. An experienced Erb's palsy attorney can assist families in pursuing the damages they are entitled to.