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Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover future medical costs and treatment. These funds can also assist families cope with the emotional trauma caused by this birth injury.

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

Medical Records

It can be devastating to a family when a child has the condition Erb's - Palsy. The condition can cause swelling and pain, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A lawsuit filed by a skilled Erb's Palsy lawyer can help families recover compensation for their losses.

The first step to file a medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may need to consult with experts in obstetrics, anesthesia and orthopedic surgery. These experts will give their opinions on whether or not your child's Erb's paralysis was the result of an error made by a doctor, or due to natural causes.

There are many factors that can trigger Erb's paralysis in various ways. The most common cause is when a doctor uses too much force during labor and birth. This can stretch or tear the brachial plexus nerves leading to the condition. There are methods that doctors can employ to prevent this. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses and other expenses related to the injury. This can help ease the financial burden and enhance your child's quality of life.

Expert witness reports

A medical professional will be needed to review your Erb's 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 extent of your injuries and how they could impact your life in the future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This is more frequent in vaginal births, however it may also occur during c-sections. This injury happens when doctors move the shoulders of a baby to ease the delivery process. The process can stretch or tear the nerves in the armpit, causing permanent damage.

The injury can sometimes be repaired 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 can have a negative impact on their quality of living and, in particular, if it stops them from participating in sports or performing everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons and muscles to help weaker ones.

Your lawyer will collect as the evidence you can and forward it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb's Palsy trial.

Documentation

Families can get compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding the responsible parties accountable. Our lawyers are equipped with the knowledge and resources to investigate your child's injuries and determine if a medical professional's negligent actions caused the injury.

One of the most frequent 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 delivery. This could be due the incorrect use of vacuum extractors or forceps as well as a long labor which creates stress on a baby's head and shoulders, or shoulder dystocia.

Some children with Erb's Palsy recover completely and are able to move their arms normally. Some babies sustain permanent nerve damage and will be disabled for the rest of their lives. Most cases of Erb’s palsy can be prevented and result from medical malpractice 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) after they have gathered all medical records and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions and additional medical records. Expert opinions are also available. Most Erb's palsy lawsuits end in settlements, 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 present arguments before a judge or jury. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will try to convince a jury or judge that they were able to act in a reasonable manner.

Typically, the parties settle the case prior to trial. This is done to satisfy the needs of both sides and bring the litigation to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and medical needs of the injury.

Families with children suffering from brachial plexus injury often struggle to cover the costs. The financial compensation offered by an erb's palsy law firms palsy lawsuit could help families with the expenses they might incur in treating their children's illness. It can also cover lost wages, if the injury impacts a child's ability to work. It can also help cover the emotional and physical stress of living with an injury that has an impact that is profound on the child's life. An experienced attorney for Erb's Palsy can assist families to pursue the compensation they deserve.