Erb's Palsy Litigation
Children who suffer from Erb's Palsy could receive compensation for future medical bills and treatments. The funds could also help families cope with the emotional trauma caused by this birth injury.
Your lawyer will go through your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
If a child has Erb's syndrome, it can be devastating for the family. The condition can cause pain, swelling and impairment that can hinder the child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's Palsy lawyer can help families receive compensation for their losses.
The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will review the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. These experts will offer their opinion on whether the Erb's Palsy in your child is due to an undiagnosed medical issue or natural cause.
A variety of factors can trigger Erb's palsy. Most often, a doctor is prone to using too much force when performing labor and delivery. This can tear or stretch brachial nerves, causing the condition. There are a variety of techniques doctors can employ to avoid this. If your child has been diagnosed with this birth injury, it is important to contact a lawyer immediately to start a lawsuit. A successful case could aid in the payment of medical bills and other expenses related to the injury. This can ease the financial burden and improve your child's overall quality of life.
Expert Witness Reports
An expert medical is required to evaluate your Erb's palsy case. They will give their opinion on what caused the injury and whether it was caused by negligence by a doctor. The expert will also be able to help you determine how serious your injuries are and how they may affect your future.
Erb's Palsy is caused by a birth injury to the brachial plexus. This is more common during vaginal births, but it can also occur during C-sections. The injury is caused when doctors move the shoulders of a newborn to ease the delivery process. The process may cause nerve damage or stretch in the armpit, which can cause permanent damage.
The injury may be corrected by surgery, but it could cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. erb's palsy law firm bend can affect their daily living particularly if it hinders them from participating in activities or doing everyday tasks. Certain people may benefit from muscle transfer surgeries in which surgeons place stronger muscles or tendons that support the weaker ones.
Your lawyer will collect as many evidence as you can, and send it to the attorneys of the defendants. The defendants have 30 days to respond. After this, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can get compensation for the harm their children sustained through filing a lawsuit for Erb's Psy. They can also stop further medical errors by holding accountable parties liable. Our lawyers have the knowledge and resources to thoroughly examine your child's medical history and determine if a medical professional's negligence led to the brachial plexus injury.
Erb's Palsy can be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during delivery. It can be caused by the improper use or vacuum extractors. It can also be caused by a long labor causing stress on the baby's shoulders and head.
A few babies who suffer from Erb's paralysis can fully recover and be capable of moving their arms again. Some babies develop permanent nerve damage and will be disabled for the rest of their lives. Most cases of Erb's paralysis can be avoided and are the result of medical negligence during labor and birth.
After the medical records and other evidence is taken into consideration, our lawyers will bring a lawsuit against the defendants, typically the doctor or hospital involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This includes depositions, further medical records, and expert opinions. The majority of Erb's palsy lawsuits result in settlements, but we're prepared to take your case to trial if needed.
Trial preparation
The final step in pursuing compensation for injuries to the brachial plexus in children is to argue before a jury or judge. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider did not be reasonable in a particular set of circumstances. The attorneys representing the defendant will attempt to convince a jury or judge that they acted reasonable.
Typically, the parties come to a deal prior to trial. The settlement is intended to satisfy both parties' interests and also to close the case. The lawsuit will be ended 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 care is required in the future.
Parents of children who suffer from brachial-plexus injuries have to face huge expenses and often have to cover these costs. The financial compensation offered by an Erb's Palsy lawsuit may aid families in paying for the costs they might incur in treating their children's illness. It can also cover lost earnings, if the injury can affect a child's future capacity to work. It can also help to ease the emotional and physical anxiety of living with a life-altering birth injury. An experienced attorney from Erb's palsy can help families pursue the damages they deserve.