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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 stress of this birth injury.

Your lawyer will look over your medical documents and determine what your case is worth. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical Records

It can be a major blow to the family of a child who suffers from 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 buttoning their shirt. A knowledgeable lawyer for Erb's palsy can help families receive compensation for their losses.

The first step to file a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over these documents and may require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's paralysis was caused by an error made by a doctor, or due to natural causes.

Several factors can lead to Erb's Palsy in a variety of ways. The most common cause is when a doctor applies too much force during labor and birth. This can cause stretching or tears to brachial nerves and trigger the condition. There are techniques that doctors can employ to avoid this. You should contact an attorney as soon as your child was diagnosed with this birth defect. The benefits of a successful claim will help pay for the medical bills for your child as well as other costs associated with the injury. This can alleviate financial burdens and enhance your child's quality of life.

Expert Witness Reports

A medical expert will be required to review your Erb’s palsy case. They will provide their opinion on the reason for the injury and whether it was due to negligence by a physician. The expert will also help you determine the severity of your injuries and how they may impact your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more frequent during vaginal births, but can also occur during csections. The injury is caused when doctors move the shoulders of a baby to ease delivery. The process can stretch and tear the nerves in the armpit causing permanent damage.

The injury is sometimes corrected by surgery, but can still cause complications. Children with this condition may not be able to lift their hands or use their arms. This can be detrimental to their quality of life and, in particular, if it stops them from playing sports or carrying out everyday tasks. Certain people might benefit from muscle transfers, in which surgeons implant stronger tendons or muscles to help weaker ones.

If you file a claim, your lawyer will collect as much evidence as is possible and present it to defense attorneys of the defendants. The defendants have 30 days to respond. Following this, the court will schedule your erb's palsy attorney Palsy lawsuit for trial.

Documentation

Families can receive compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They also help prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the experience and resources needed to investigate your child's injury and determine if the negligence of a medical professional caused the injury.

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

Some babies suffering from Erb's palsy will fully recover and be capable of moving their arms normal. Some babies develop permanent nerve damage, and will be disabled for the rest of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and a result of medical inattention during labor and birth.

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

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus in children is to make arguments before a jury or judge. Your Erb's palsy lawyer will attempt to prove that the healthcare professional did not act in a reasonable way under a specific scenario, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.

Typically, the parties reach a settlement before trial. The aim of the settlement is to satisfy both parties' needs and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of the compensation is contingent on the severity and medical needs of the injury.

Families with children suffering from brachial plexus injury often struggle to pay for the expenses. A lawsuit involving Erb's palsy can offer financial compensation to families who may have to pay for treatment costs for their children's illness. It can also cover lost wages if the condition hinders a child's ability to work. It can also help deal with the emotional and physical anxiety of living with a life-altering birth injury. An experienced attorney from Erb's palsy can assist families to pursue the compensation they deserve.