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Erb's Palsy Litigation

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

Your lawyer will look over your medical records and determine how much your case is worth. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical Records

It can be a devastating experience for the family of a child who is diagnosed with Erb's Palsy. The condition can cause swelling and pain that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can assist families receive compensation for their losses.

The first step to file a claim for medical negligence is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics, anesthesia and orthopedic surgery. These experts will offer their opinion on whether Erb's Palsy in your child was caused by an error in medicine or natural cause.

Erb's Palsy may be caused by a variety of causes. The most common cause is when a doctor uses too much force during labor and birth. This can cause stretching or tears to brachial nerves, causing the condition. There are fortunately, specific methods that doctors can employ to prevent this from happening. You should consult with an attorney immediately if your child was diagnosed with this birth defect. Compensation from a successful claim can be used to pay the medical bills of your child and other costs related to the injury. This could 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 Law Firms case and give a final opinion on what caused the injury and if it was caused by negligence of a physician. The expert will also be able to help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This occurs more often during vaginal births but can also occur during c-sections. The injury is typically caused when doctors need to move the baby's shoulders to facilitate delivery. The process can strain or tear nerves in the armpit, causing permanent damage.

The injury may be corrected by surgery, but it may cause complications. Children who suffer from this condition might not be able to raise their hands or use their arms. This could affect their health, especially those who are unable participate in sports or carry out everyday tasks. Certain people can benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons to support the weaker ones.

Your lawyer will gather as any evidence as you can and send it to the attorneys of the defendants. The defendants have 30 days to respond. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits assist families receive compensation for injuries sustained by their children. They can also stop further medical errors by holding accountable parties liable. Our lawyers have the experience and resources needed to examine the injury of your child and determine whether a medical professional's negligent actions caused it.

One of the most common instances of medical malpractice that causes Erb's syndrome 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 vacuum extractors or forceps, a long labor that creates stress on a baby's shoulders and head, or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and can move their arm in a normal way. However, some babies have permanent nerve damage and will suffer from disability for the remainder of their lives. Thankfully, most cases of Erb's paralysis can be prevented and are the result of medical carelessness during labor and delivery.

After the medical records and other evidence have been taken into consideration, our lawyers will begin a lawsuit against defendants, which is usually the doctor or hospital involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This could include depositions, other medical documents, and expert opinions. The majority of cases filed against Erb's & Palsy are settled, but we may consider bringing your case to trial if it is necessary.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus suffered by children is to present evidence before a jury or judge. Your Erb's palsy lawyer is going to try to establish that the healthcare professional failed to act reasonably in a specific set of circumstances, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.

In the majority of instances, the parties reach an agreement prior to trial. The aim of the settlement is to satisfy both parties' interests and end the lawsuit. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation is contingent upon the severity of the injury and how much medical treatment will be required in the future.

Families with children who have brachial plexus injuries often struggle to pay for the expenses. A lawsuit for Erb's Palsy can provide financial compensation to families who may have to pay for medical expenses related to their children's illness. It can also cover lost earnings, if the injury impacts a child's ability to work. Additionally, it can help deal with the emotional and physical stress of living with a life-altering birth injury. An experienced family lawyer who has experience with Erb's Syndrome can assist families to receive the compensation they deserve.