Erb's Palsy Litigation
A child who has erb's syndrome could be eligible for compensation to cover treatment and future medical expenses. The funds could also help families cope with the emotional stress of this birth injury.
Your lawyer will examine your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
If a child has Erb's syndrome, it can be devastating for their family. The condition can cause swelling, pain and impairment that can hinder the child's ability to use their hands for everyday tasks like playing sports or even buttoning their shirt. An experienced 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 gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may need to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. These experts will offer their opinions on whether Erb's palsy in your child was the result of a medical error or natural causes.
Erb's Palsy can be caused by many factors. Most often, a doctor will use too much force during labor and delivery. This can tear or stretch brachial nerves and trigger the condition. Fortunately, there are specific techniques that physicians can use to prevent this from occurring. You should contact an attorney as soon as your child was diagnosed with this birth defect. The benefits of a successful claim can help pay for your child's medical bills and other expenses related to the injury. This can help ease the financial burden and improve your child's overall quality of life.
Expert Witness Reports
A medical expert will be needed to review your case of Erb's palsy and provide an opinion on the cause of the injury, and if it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they might affect your life in the future.
Erb's Palsy can be caused by birth injuries to the brachial plexus. It is more prevalent in vaginal births however it can occur during C-sections. This type of injury occurs when doctors move the shoulders of a newborn to ease delivery. The process can cause stretching and tear to the armpit nerves causing permanent damage.
The injury can sometimes be corrected by surgery, but it may cause complications. Children suffering from this condition may not be able to use their arms or raise their hands. This could negatively impact their quality of life, especially if it prevents them from participating in sports or doing the everyday chores. Certain people might benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to help weaker ones.
If you file a claim your lawyer will collect as much evidence as they can and submit it to the attorneys for the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb's Palsy trial.
Documentation
Erb's palsy lawsuits help families get compensation for injuries suffered by their children. They can also stop further medical errors by holding accountable parties liable. Our lawyers have the experience and resources needed to examine the injury of your child and determine if the negligence of a medical professional caused the 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 delivery. This can be caused by the improper use or vacuum extractors. It could also be due to a long labor that causes stress to the baby's shoulders and head.
Some children with Erb's Palsy will fully recover and be able to move their arms normally again. However, other babies have permanent nerve damage and be handicapped 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 birth.
After the medical records and other evidence are taken into consideration, our lawyers will begin a lawsuit against defendants, which is usually the doctor or hospital involved in your child's birth. Once the lawsuit has been filed, the discovery process will begin. This includes depositions as well as additional medical records. Expert opinions are also provided. The majority of Erb's palsy lawsuits result in settlements, but we're ready to take your case to trial if needed.
Trial preparation
The final step in pursuing compensation for a child's plexus brachial injury is to present your case to a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, and the defendant's attorneys will try to convince the judge or jury that the healthcare professional behaved reasonably.
Typically, erb's palsy lawyer carson agree to a settlement prior to trial. The intention 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 money awarded will depend on the severity of the injury and the amount of medical treatment is needed in the future.
Parents of children with brachial-plexus injuries have to face huge costs and often struggle to cover these costs. A lawsuit against Erb's Palsy can offer financial compensation to families that may need to pay for treatment costs for their children's condition. It also assists with the loss of wages if the injury impacts the child's ability to work in the future. It can also help alleviate the physical and emotional strain of dealing with an injury that can have an immense impact on the life of a child. An experienced attorney for Erb's Palsy can assist families to pursue the damages they are entitled to.