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Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical expenses and treatment. The funds could also help families deal with the emotional trauma of this birth injury.

Your lawyer will review your medical records to determine the worth of your case. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical Records

If a child is affected by Erb's syndrome, it can be devastating for their family. The condition can cause pain, swelling and disability that could affect a child's ability to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer will help families get compensation for their losses.

The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will scrutinize these documents and may even require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. Experts will offer their opinion on whether your child's Erb's palsy was caused by an error by a doctor or due to natural causes.

Erb's Palsy can be caused by a variety of causes. Most often, a doctor uses excessive force during labor and delivery. This can stretch or tear the brachial nerves, which can cause the condition. There are methods that doctors can employ to prevent this. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. Compensation from a successful claim will pay for the medical bills of your child as well as other expenses related to the injury. This will ease your child's financial burden and improve the quality of their life.

Expert witness reports

A medical professional will be needed to review your Erb's palsy case and give a final opinion on the cause of the injury and if it was due to negligence of a physician. The expert will also help you determine the extent of your injuries and how they may impact your life in the future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more frequent in vaginal births but can happen during c-sections. The injury is often caused when doctors need to move the baby's shoulders in order to facilitate delivery. The process can cause stretching and tear to the nerves of the armpit creating permanent damage.

In some instances, the injury can be treated with surgery, but it could still cause problems. Children who suffer from this condition might not be able raise their hands or use their arms. This can impact their quality of life, especially those who are unable engage in sports or perform daily tasks. Some people can benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons to support the weaker ones.

If you file a claim, your lawyer will gather as much evidence as they can and submit it to the defendants' attorneys. The defendants have 30 days to respond. After that the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties liable. Our lawyers have the expertise and resources to fully examine your child's medical history and determine if an error by a medical professional led to the brachial plexus injury.

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

A few babies who suffer from Erb's paralysis will fully recover and be able to move their arms normally again. However, some babies suffer permanent nerve damage and erb's palsy law will suffer from disability for the duration of their lives. The majority of cases of erb's palsy lawyers palsy can be prevented and are caused by medical malpractice during labor and birth.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all the medical records and evidence. The discovery process begins once the lawsuit has been filed. This could include depositions, other medical records, and expert opinions. Most Erb's Palsy lawsuits are resolved, but we will go to trial if needed.

Trial preparation

The final stage of seeking compensation for a child's brachial plexus injury is to present your case to a judge or jury. Your erb's palsy law palsy lawyer will try to show that the healthcare professional failed to perform their duties in a particular situation, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties agree to a settlement prior to trial. The settlement is intended to satisfy both parties' needs and stop the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of money awarded is contingent upon the severity of the injury and the amount of medical treatment is needed in the future.

Children with brachial plexus injury face substantial expenses and often have to pay for them. A lawsuit involving Erb's palsy could offer financial relief for families who might have to incur expenses in treating their children's condition. It could also help cover the loss of earnings, if the injury affects a child's future ability to work. In addition, it helps deal with the emotional and physical stress of living with an injury that can alter the course of life. A family lawyer with experience with erb's palsy legal Syndrome can help families receive the compensation they are entitled to.