Erb's Palsy Litigation
A child suffering from erb's paralysis may be eligible for compensation to pay for medical treatment and future expenses. These funds can also assist families cope with the emotional trauma of this birth injury.
Your lawyer will scrutinize your medical records to determine the value of your case. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
It can be devastating for families when a child has Erb's Palsy. The condition can cause pain, swelling and disability that can affect the child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can assist families receive compensation for their losses.
The first step to file an action for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may need consult with experts in obstetrics or anesthesia, and orthopedic surgery. These experts will provide their opinions on whether your child's Erb's syndrome was the result of a doctor's error or due to natural causes.
There are many factors that can trigger Erb's paralysis in various ways. The most common reason is when a doctor applies too much force during labor and birth. This can cause stretching or tears to brachial nerves and cause the condition. There are methods that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to start a lawsuit. The money you receive from a successful claim will help pay for the medical bills for your child as well as other expenses associated with the injury. This could ease your child's financial burden and improve their quality of life.
erb's palsy attorneys bend reports
An expert medical is required to review your Erb’s palsy case. They will give their opinion on the reason for the injury and whether it was due to negligence by a doctor. The expert will also assist you to determine the severity of your injuries and how they could affect your life in the future.
Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common during vaginal births, but can occur during C-sections. This injury occurs when doctors move the baby's shoulders in order to facilitate delivery. The process can strain or tear nerves in the armpit, causing permanent damage.
In some instances the injury can be corrected through surgery, but it may still cause problems. Children suffering from this condition may not be able their hands or use their arms. This could impact their quality of life, especially when they are unable to engage in sports or perform daily tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to support weaker ones.
Your lawyer will gather as the evidence you can, and send it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Families can seek compensation for the harm their children sustained by filing a lawsuit for Erb's Psy. They can also prevent further medical errors by holding accountable parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate the injuries of your child and determine if a medical professional's negligent actions caused it.
Erb's palsy may be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during the birth. This may be due to the incorrect use of forceps or vacuum extractors, a long labor that causes stress on a baby's head and shoulders or shoulder dystocia.
A few babies who suffer from Erb's paralysis will fully recover and be able to move their arms again. However, other babies have permanent nerve damage and will suffer from a disability for the duration of their lives. The majority of cases of Erb's Palsy can be prevented and are the result of medical malpractice during labor and birth.
Once the medical documents and other evidence are taken, our attorneys will bring a lawsuit against the defendants, which is typically the doctor or hospital involved in the birth of your child. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions as well as additional medical documents. Expert opinions are also incorporated. Most Erb's palsy lawsuits end with a settlement, but we are prepared to pursue your case all the way through trial if needed.
Trial preparation
The final step in pursuing compensation for brachial-plexus injuries in children is to make arguments before a jury or judge. Your Erb's lawyer will try to prove that the healthcare professional did not act in a reasonable way under a specific situation, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional was acting reasonably.
In most instances, the parties reach an agreement prior to trial. This is done to satisfy the needs of both sides and bring the case to an end. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation received is based on the severity the injury and how much medical treatment will be required in the future.
Parents of children who suffer from brachial plexus injuries are faced with significant expenses and often have to pay for them. Financial compensation from an Erb's palsy lawsuit can help families with the expenses they could incur in order to treat their children's condition. It also helps to cover lost wages if an injury has a negative impact on a child's ability to work in the future. In addition, it helps alleviate the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can assist families in pursuing the damages they deserve.