Erb's Palsy Litigation
A child who has
erb's palsy settlement syndrome may be eligible for compensation to pay for future medical costs and treatment. These funds may also help families deal with the emotional trauma of this birth injury.
Your lawyer will examine your medical records and determine the value your case is worth. The lawsuit will be filed and defendants have 30 days to respond.
Medical records
It can be devastating for families when a child has the condition Erb's - Palsy. The condition can cause swelling and pain that can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. A lawsuit filed by a knowledgeable 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 lawyer will go through the documents and may need consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will offer their opinions on whether your child's Erb's palsy was the result of an error by a doctor or due to natural causes.
A variety of factors can trigger Erb's palsy. The most common cause is when a doctor applies excessive force during labor and delivery. This can cause stretching or tears to brachial nerves causing the condition. There are strategies that doctors can employ to prevent this. You should consult with an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim will help pay for the medical bills for your child as well as other costs related to the injury. This can ease the financial burden and improve your child's overall quality of life.
Expert Witness Reports
A medical expert will be required to evaluate your Erb's palsy case. They will provide their opinion about what caused the injury and whether it was caused by negligence by a doctor. The expert will also help you determine the extent of your injuries and how they will impact your life in the future.
Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more common during vaginal births, but can occur during c-sections. The injury usually occurs when doctors have to move the baby's shoulders to facilitate delivery. The process may stretch or tear the nerves in the armpit, causing long-term damage.
The injury can sometimes be repaired with surgery, but it may cause complications. Children suffering from this condition may not be able to use their arms or raise their hands. This can affect their quality of life, especially those who are unable engage in sports or perform daily tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons or muscles to support weaker ones.
Your lawyer will collect as much evidence as you can and then send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
erb's palsy lawyers palsy lawsuits help families get compensation for injuries suffered by their children. They can also prevent further medical errors by holding accountable parties liable. Our lawyers are equipped with the experience and
Erb's Palsy attorney resources needed to investigate your child's injury and determine whether 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 puts too hard on a baby's head neck, arms, or shoulders during labor and delivery. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that creates stress on a baby's head and shoulders or shoulder dystocia.
Some babies with Erb’s palsy recover completely and will be capable of moving their arms normal. But, others suffer permanent nerve damage and be disabled for the remainder of their lives. Fortunately, the majority of cases of
erb's palsy compensation Palsy are preventable and the 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 the medical records and evidence. The discovery process starts after the lawsuit has been filed. This includes depositions and additional medical records. Expert opinions are also available. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case all the way through trial if necessary.
Trial preparation
The final step to pursue compensation for brachial-plexus injuries in children is to argue before a judge or jury. Your Erb's lawyer will try to prove 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 behaved reasonably.
In most instances, the parties reach an agreement before trial. The goal of the settlement is to satisfy both parties' interests and to end the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of compensation received will depend on the severity of the injury and the amount of medical care will be needed in the future.
Parents of children with brachial plexus injuries face significant expenses and often have to cover these costs. A lawsuit for Erb's psy could provide financial compensation to families who may have to pay for the treatment of their children's condition. It can also cover lost wages if the injury affects a child's future ability to work. It also helps to ease the emotional and physical stress of having an injury that has an enormous impact on the child's life. An experienced
Erb's palsy attorney can help families pursue the damages they are entitled to.