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Erb's Palsy Litigation

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

Your lawyer will examine 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

When a child suffers from Erb's palsy, it can be devastating for their families. The condition can cause swelling, pain and impairment that can hinder the ability of a child to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's-Palsy lawyer can assist families in obtaining compensation for their losses.

The first step to filing an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. Experts will give their opinions on whether your child's Erb's paralysis was caused by a doctor's error or due to natural causes.

Several factors can lead to Erb's palsy due to a variety of causes. The most frequent cause is when a physician uses too much force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves which can cause the condition. There are techniques that doctors can use to avoid this. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to start a lawsuit. The compensation you receive from a successful lawsuit will help pay for your child's medical bills and other costs associated with the injury. This will help your child's financial burden and improve the quality of their life.

Expert Witness Reports

A medical expert will be required to review your Erb’s palsy case. They will give their opinion on the cause of the injury and whether it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they could affect your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This is more frequent during vaginal births, but may also occur during c-sections. The injury usually occurs when doctors must move a baby's shoulders to facilitate the delivery. The process can stretch or tear the nerves in the armpit, which can cause permanent damage.

In certain instances the injury can be corrected with surgery, but it could still cause problems. Children with this type of injury may not be able to use their arms or raise their hands. This could affect their quality of life, particularly those who are unable engage in sports or perform daily tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.

If you file a claim your lawyer will gather as much evidence as is possible and present it to defendants' attorneys. The defendants will then have 30 days to respond to your claim. The court will then set the date for your Erb's Palsy trial.

Documentation

Families can seek compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. Additionally, they help keep medical errors from happening again by holding the accountable parties accountable. Our lawyers have the resources and experience to investigate the injuries of your child and determine if the negligence of a medical professional caused it.

Erb's palsy may be caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during the delivery. It can be caused by the improper use of vacuum extractors. It could be caused by long labor that causes stress to the baby's head and shoulders.

Some babies suffering from erb's palsy lawyer palsy recover completely and are able to move their arm normally again. But, others suffer permanent nerve damage and will suffer from disability for the remainder of their lives. Fortunately, the majority cases of Erb's syndrome can be prevented and are the result of medical carelessness during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all medical records and evidence. The discovery process begins after the lawsuit has been filed. This could include depositions, other medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, but we're prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for a child's brachial-plexus injury is to present your case to a judge or jury. Your Erb's lawyer will try to show that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.

In the majority of cases, the parties come to an agreement prior to trial. This is done to satisfy the needs of both sides and bring the case to a close. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of the compensation depends on the severity of the injury and the amount of medical treatment is needed in the future.

Families with children suffering from brachial-plexus injuries are often unable to pay for the costs. The financial compensation offered by an Erb's Palsy lawsuit may aid families in paying for the costs they may incur to treat their children's condition. It could also help cover the loss of wages if the injury hinders a child's ability to work. It can also help to ease the emotional and physical anxiety of living with a life-altering birth injury. An experienced attorney for Erb's Palsy can assist families to pursue the damages they deserve.