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Erb’s Palsy Litigation
Children suffering from Erb’s ‘Pasty’ can be compensated for future medical bills and treatments. These funds can aid families to cope with the birth injury.
Your lawyer will review 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 to the family of a child who has the condition Erb’s – Palsy. The condition can cause swelling, pain and impairment that can hinder a child’s ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A knowledgeable Erb’s Palsy lawyer can help families receive compensation for the losses they have suffered.
The first step in filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics or anesthesia, and orthopedic surgery. These experts will offer their opinion on whether the Erb’s Palsy in your child is due to an error in medicine or natural causes.
A variety of factors can trigger Erb’s Palsy in a variety of ways. Most often, doctors may use excessive force during labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. There are fortunately, specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, you must seek out a lawyer as soon as possible to make a claim. The benefits of a successful claim can be used to pay 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 professional is needed to review the case of Erb’s Palsy and give an opinion about what caused the injury and if it was due to the negligence of a doctor. The expert will also assist you to determine the extent of your injuries and how they could affect your life in the future.
Erb’s Palsy is caused by birth injuries to the brachial plexus. It is more prevalent in vaginal births but can happen during C-sections. This injury occurs when doctors move the baby’s shoulders to facilitate delivery. The process may stretch or tear the nerves in the armpit, which can cause permanent damage.
In some instances, the injury can be corrected with surgery, but it can still cause problems. Children with this condition might not be able use their arms or raise their hands. This can impact their health, especially those who are unable play sports or do everyday tasks. Some people can benefit from the procedure of muscle transfer in which surgeons place stronger muscles or tendons to support weaker ones.
When you file a claim your lawyer will collect as much evidence as they can and send it to attorneys for the defendants. The defendants have 30 days to respond. Following this the court will then schedule your Erb’s Palsy lawsuit for trial.
Documentation
Families can get compensation for the injuries their children sustained by filing Erb’s Palsy lawsuits. In addition, they can prevent future medical errors by holding the responsible parties accountable. Our lawyers have the expertise and resources to fully examine your child’s medical history and determine if negligence by a medical professional contributed to his or her brachial plexus injury.
One of the most frequent instances of medical malpractice that causes Erb’s palsy occurs when a doctor puts too hard on a baby’s head, neck or shoulders during labor and birth. This could be due to the incorrect use of vacuum extractors or forceps or a prolonged labor that creates stress on a baby’s shoulders and head, or shoulder dystocia.
A few babies with Erb’s paralysis recover completely and are able to move their arms normally. Some babies develop permanent nerve damage and will be disabled for the rest of their lives. The majority of cases of Erb’s palsy can be avoided and result from medical negligence during labor and delivery.
Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all the medical records and evidence. After the lawsuit is filed, the discovery process will begin. This will include depositions as well as additional medical documents, and expert opinions. Most Erb’s palsy lawsuits end in settlement, but we are prepared to pursue your case all the way through trial if needed.
Trial preparation
The final step in seeking compensation for injuries to the brachial plexus suffered by children is to present arguments before a jury or judge. Your Erb’s ailment lawyer will try to prove that the healthcare provider did not act reasonable in a certain set of circumstances. The lawyers representing the defendant will try to convince a jury or judge that they acted reasonably.
Typically, the parties will settle the case prior to trial. The settlement is intended to satisfy both parties’ needs and to end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and future medical requirements of the injury.
Parents of children who suffer from brachial plexus injuries face significant expenses and often have to cover them. Financial compensation from an Erb’s psy suit can help families pay for the expenses they may incur for treating their children’s condition. It can also cover lost earnings, if the injury can affect a child’s future capacity to work. In addition, it helps alleviate the emotional and physical stress of living with a life-altering birth injury. An experienced Erb’s palsy attorney can help families pursue the damages they are entitled to.