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Erb's Palsy Litigation

A child suffering from erb's palsy law firms palsy could be eligible for Erb's Palsy lawsuits compensation to cover the cost of treatment and future medical expenses. These funds can help families cope with the birth injury.

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

Medical Records

When a child suffers from Erb's syndrome, it can be devastating for their family. The condition can cause pain, swelling and disability that could affect the ability of a child to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer could help families receive compensation for their losses.

The first step of filing a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may have to consult experts in obstetrics and anesthesia, and orthopedic surgery. These experts will give their opinion on whether your child's Erb's palsy was the result of the error of a doctor or due to natural causes.

Several factors can lead to Erb's palsy. Most commonly, a doctor may use too much force when they perform labor and delivery. This can stretch or tear brachial nerves and trigger the condition. Fortunately, there are specific techniques that physicians can use to prevent this from occurring. If your child has been diagnosed with this birth injury, seek out a lawyer as soon as possible to bring a lawsuit. A successful claim can be able to pay for medical bills and other costs related to the injury. This can reduce the financial burden and improve your child's overall quality of life.

Expert Witness Reports

A medical professional is required to evaluate your case of Erb's palsy and provide an opinion on what caused the injury and if it was caused by negligence of a physician. The expert can also help determine the severity of your injuries and how they may impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This occurs more often during vaginal births but can also occur during c-sections. This type of injury occurs when doctors move the shoulders of a baby to ease the delivery process. The process can strain and tear the nerves of the armpit which can cause permanent damage.

The injury can sometimes be repaired through surgery, but it can cause complications. Children suffering from this condition may not be able raise their hands or use their arms. This can impact their well-being, especially those who are unable engage in sports or perform daily tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to help weaker ones.

Your lawyer will gather as any evidence as you can and forward it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the knowledge and resources to fully examine your child's medical history and determine if the negligence of a medical professional led to a brachial plexus injury.

One of the most frequent instances of medical malpractice causing Erb's palsy occurs when a doctor pulls too hard on a baby's head, neck or shoulders during labor and delivery. This could be due to the incorrect use of forceps or vacuum extractors and a long labor that puts stress on the baby's head and shoulders or shoulder dystocia.

A few babies who suffer from Erb's paralysis will recover completely and be able to move their arms again. But, others suffer permanent nerve damage and will be disabled for the remainder of their lives. Fortunately, the majority cases of Erb's syndrome are preventable and result of medical inattention during labor and birth.

Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical documents and evidence. The discovery process starts after the lawsuit has been filed. This will include depositions as well as additional medical documents, and expert opinions. Most Erb's palsy lawsuits end with a settlement, but we're prepared to take your case all the way through trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial plexus injury is to present arguments before a jury or judge. Your Erb's palsy lawyer will try to establish that the healthcare provider did not act reasonable in a certain set of circumstances. The defendant's lawyers will try to convince a judge or jury that they were able to act in a reasonable manner.

In most instances, the parties reach an agreement prior to trial. The intention is to satisfy both parties' interests and also to close the case. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of money awarded is based on the severity the injury and the amount of medical care is required in the future.

Families with children suffering from brachial plexus injuries often struggle to pay for the expenses. A lawsuit against Erb's Palsy could offer financial relief for Erb's palsy lawsuits families who might have to incur expenses in treating their children's ailments. It can also pay for lost wages if the injury affects a child's future ability to work. It can also help to ease the emotional and physical stress of living with an injury that can alter the course of life. A family attorney with experience with Erb's Syndrome can help families get the damages they are entitled to.