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Erb's Palsy Litigation

A child who has erb's syndrome could be eligible for compensation to cover the cost of treatment and future medical expenses. These funds can aid families to cope with this birth injury.

Your lawyer will go through your medical documents to determine the merits of your case. The lawsuit is filed and defendants have 30 days to respond.

Medical records

It can be devastating for the family of a child who has Erb's Palsy. The condition can cause swelling, pain 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 a knowledgeable Erb's palsy lawyer could help families recover compensation for their losses.

The first step in filing a claim for medical negligence is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will provide their opinion on whether the Erb's Palsy in your child was due to an error in medical treatment or natural cause.

Erb's Palsy can be caused by several factors. Most often, doctors uses too much force when they perform labor and delivery. This can tear or stretch the brachial nerves, leading to the condition. There are techniques that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, it is important to get in touch with a lawyer immediately to file a lawsuit. A successful claim could be able to pay for medical bills and other expenses related to the injury. This can help ease the financial burden and improve your child's quality of life.

Expert Witness Reports

A medical professional will be needed to review your Erb's palsy case and provide a verdict on the cause of the injury and whether it was due to the negligence of a doctor. The expert will also be able to help you determine how serious your injuries are and how they could impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common in vaginal births, but it can also occur during c-sections. The injury usually occurs when doctors must move a baby's shoulders around to facilitate delivery. The process may strain or tear nerves in the armpit, causing long-term damage.

In certain cases the injury can be treated with surgery, but it can still cause problems. Children with this condition might not be able to use their arms or raise their hands. This could be detrimental to their daily living particularly if it hinders them from participating in sports or carrying out everyday tasks. Some people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons that support weaker ones.

If you file a claim your lawyer will gather the most evidence possible and submit it to the defendants' attorneys. The defendants will then have 30 days to respond to your claim. The court will then schedule your Erb’s Palsy trial.

Documentation

Families can seek compensation for the harm their children sustained by filing Erb's Palsy lawsuits. Additionally, they help stop future medical errors from occurring by holding the responsible parties accountable. Our lawyers are equipped with the necessary resources and expertise to examine the injury of your child and determine if a medical professional's negligent actions caused the injury.

Erb's spalsy can be caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during birth. This could be due the improper use of vacuum extractors or forceps as well as a long labor which results in stress on a baby's head and shoulders, or shoulder dystocia.

Some children with Erb's Palsy will fully recover and be able to move their arms in a normal way. However, some babies have permanent nerve damage and erb's palsy lawsuits be disabled for the rest of their lives. Fortunately, the majority of cases of Erb's paralysis can be prevented and are the result of medical negligence during labor and delivery.

Once the medical documents and other evidence are collected, our attorneys will start a lawsuit against defendants, typically the doctor or hospital involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions and additional medical records. Expert opinions are also included. Most Erb's palsy lawsuits end in settlements, but we are prepared to take your case to trial if needed.

Trial preparation

The final step in seeking compensation for injuries to the brachial plexus suffered by children is to argue before a judge or jury. Your Erb's palsy lawyer will attempt to establish that the healthcare professional did not behave in a reasonable manner under a particular set of circumstances, while the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional acted reasonably.

Typically, the parties will settle the case prior to trial. This is done to meet the needs of both parties and bring the lawsuit to a close. The plaintiffs will receive a lump sum of money and the lawsuit will close. The amount of compensation received depends on the severity of the injury and how much medical care is required in the future.

Families with children suffering from brachial plexus injury often struggle to pay for the costs. Financial compensation from an Erb's Palsy lawsuit may help families with the expenses they might incur in treating their children's illness. It could also help cover the loss of wages, if the injury can affect a child's future capacity to work. It can also help cover the physical and emotional burden of having an injury that has a profound impact on the life of a child. An experienced Erb's-Palsy attorney will assist families in pursuing the damages they are entitled to.