Carlos Rickett asked 3 months ago
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 also assist families cope with the emotional trauma that comes from this birth injury.
Your lawyer will go through your medical documents and determine what your case is worth. The lawsuit is filed and defendants have 30 days to respond.
Medical Records
If a child has Erb’s Palsy, it can be devastating for their family. The condition can cause pain, swelling and disability that can affect the ability of a child to use their hand for basic functions like playing sports or even buttoning their shirt. An experienced Erb’s Palsy lawyer can help families receive compensation for their losses.
The first step in submitting an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. The attorney will review the documents and may need to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. They will give you their opinion on whether Erb’s Palsy in your child was caused by a medical error or natural cause.
Erb’s Palsy may be caused by a variety of factors. Most commonly, a doctor may use too much force when performing labor and delivery. This can cause strain or tears to the brachial plexus nerves, leading to the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. You should consult with an attorney immediately if your child was diagnosed with this birth defect. The benefits of a successful claim can help pay for the medical bills for your child as well as other expenses associated with the injury. This can help reduce the financial burden and improve your child’s overall quality of life.
Expert witness reports
A medical professional is required to examine the case of Erb’s Palsy and provide a verdict on the cause of the injury and whether it was caused by negligence of a physician. The expert will also help determine the severity of your injuries and how they might affect your future life.
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. This type of injury occurs when doctors move the baby’s shoulders to facilitate delivery. The process may cause nerve damage or stretch in the armpit, causing long-term damage.
The injury can sometimes be repaired by surgery, but can still cause complications. Children who suffer from this condition might not be able raise their hands or use their arms. This could negatively impact their quality of living and can hinder them from playing activities or doing everyday tasks. Some people may benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to support weaker ones.
If you file a claim, your lawyer will gather as much evidence as they can and submit it to the defendants’ attorneys. The defendants then have 30 days to respond to your claim. After this, the court will schedule your Erb’s Palsy lawsuit for trial.
Documentation
Families can claim compensation for the injuries they suffered as children by filing Erb’s Palsy lawsuits. They also help prevent future medical errors by holding responsible parties accountable. Our lawyers have the experience and resources to thoroughly investigate your child’s case and determine if negligence by a medical professional contributed to his or her brachial plexus injury.
Erb’s spalsy can be caused by a doctor who pulls too hard on the baby’s neck, head, or shoulders during the delivery. This could be due to the improper use of vacuum extractors or forceps and a long labor that creates stress on a baby’s shoulders and head or shoulder dystocia.
A few babies who suffer from Erb’s paralysis recover completely and will be able to move their arms normal. But, others suffer permanent nerve damage and be handicapped for the rest of their lives. Thankfully, the majority of cases of Erb’s palsy are preventable and result of medical mistakes during labor and delivery.
After the medical records and other evidence is taken into consideration, our lawyers will file a lawsuit against the defendants, which is typically the doctor or hospital involved in your child’s birth. After the lawsuit is filed, the process of discovery will begin. This includes depositions, additional medical records, and expert opinions. Most Erb’s palsy lawsuits end in settlements, but we’re prepared to take your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for brachial-plexus injuries in children is to argue before a judge or jury. Your Erb’s palsy lawyer will attempt to establish that the healthcare professional did not perform their duties in a particular set of circumstances, and lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.
In the majority of cases, the parties come to an agreement before the trial. The aim of the settlement is to satisfy both parties’ needs and also to close the case. The plaintiffs will receive a lump sum of money and the lawsuit will be closed. The amount of money awarded will depend on the severity and future medical requirements of the injury.
Children who suffer from brachial plexus injury often struggle to pay for the costs. A lawsuit against Erb’s Palsy could provide financial compensation to families who are likely to pay for treatment costs for their children’s condition. It also helps cover lost wages if the injury hinders the child’s ability to work in the future. It can also help alleviate the emotional and physical stress of living with an injury that has an impact that is profound on the life of a child. A family lawyer with expertise in Erb’s palsy can assist families to receive the compensation they are entitled to.