Frank Estevez asked 3 months ago
Erb’s Palsy Litigation
Children who suffer from Erb’s Palsy could be compensated for future medical expenses and treatment. These funds can help families cope emotionally with the trauma of birth.
Your lawyer will examine your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
When a child suffers from Erb’s palsy, it could be devastating for their families. The condition can cause pain and swelling, which can make it difficult for children to do basic tasks like playing sports or putting on their shirt. A lawsuit filed by a skilled Erb’s Palsy lawyer can help families receive compensation for their losses.
The first step of filing a medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may have to consult experts in obstetrics and anesthesia and orthopedic surgery. Experts will give their opinions on whether Erb’s palsy in your child was caused by an error in medicine or natural cause.
Erb’s Palsy may be caused by a variety of factors. Most often, doctors is prone to using too much force when performing labor and delivery. This can stretch or tear the brachial plexus nerves, leading to the condition. There are fortunately, specific methods that doctors can employ to prevent this from happening. You should consult with an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful lawsuit could assist in paying for medical expenses and other expenses related to the injury. This can help ease the financial burden and enhance your child’s quality of life.
Expert witness reports
An expert medical is required to evaluate your erb’s palsy attorneys palsy case. They will give their opinion on what caused the injury, and whether or not it was due to negligence by a doctor. The expert can also 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 frequent in vaginal births, however it can also occur during c-sections. The injury usually occurs when doctors need to move a baby’s shoulders around to facilitate the delivery. The process can cause stretching and tear to the nerves in the armpit creating permanent damage.
The injury is sometimes repaired by surgery, but it can cause complications. Children suffering from this condition may not be able to raise their hands or use their arms. This could impact their well-being, especially those who are unable engage in sports or perform daily tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to support weaker ones.
When you file a claim, your lawyer will gather as much evidence as they can and send it to attorneys for the defendants. The defendants will then have 30 days to respond to your claim. After this the court will decide when to schedule your Erb’s Palsy lawsuit for trial.
Documentation
Families can seek compensation for the injuries their children sustained through filing Erb’s Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers have the resources and experience to examine the injury of your child and determine whether the negligence of a medical professional caused it.
One of the most common instances of medical malpractice causing Erb’s palsy occurs 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 and a long labor that results in stress on a baby’s head and shoulders, or shoulder dystocia.
Some babies with Erb’s palsy recover completely and can move their arms normally. Some babies sustain permanent nerve damage and will be disabled for the rest of their lives. Fortunately, the majority of cases of Erb’s syndrome are preventable and result of medical inattention during labor and birth.
Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all medical records and evidence. Once the lawsuit has been 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 take your case all the way through trial if necessary.
Trial preparation
The final step in pursuing compensation for a child’s brachial-plexus injury is to present your case 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 attempt to convince a jury or judge that they acted reasonably.
In the majority of cases, the parties come to an agreement prior to trial. The goal of the settlement is to satisfy both parties’ interests and end the lawsuit. The plaintiffs will receive an amount of money in one lump and the lawsuit will end. The amount of the compensation is based on the severity the injury and the amount of medical treatment is needed in the future.
Children who suffer from brachial plexus injuries often struggle to pay for the expenses. A lawsuit against Erb’s Palsy could offer financial relief for families who might have to incur expenses in treating their children’s condition. It also assists in recouping lost wages if the injury impacts the ability of a child to work in the future. In addition, it helps alleviate the emotional and physical stress of living with a life-altering birth injury. A family attorney with expertise in Erb’s palsy can help families get the damages they deserve.