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erb's palsy law firm Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover treatment and future medical expenses. The funds could also help families cope with the emotional trauma of this birth injury.

Your lawyer will go through your medical documents and determine what your case is worth. The lawsuit will be filed and defendants have 30 days to respond.

Medical records

It can be a devastating experience for families when a child suffers from Erb's palsy. The condition can cause swelling and pain, which can make it difficult for a child to do basic tasks like playing sports or buttoning their shirt. A lawsuit filed by an experienced Erb's Palsy lawyer can help families get compensation for their losses.

The first step of filing an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may need consult with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinions on whether or not your child's Erb's palsy was the result of the error of a doctor or due to natural causes.

There are many factors that can trigger Erb's Palsy in a variety of ways. The most common cause is when a physician uses too much force during labor and birth. This can cause stretching or tears to the brachial plexus nerves, which can cause the condition. There are fortunately, specific methods that doctors can employ to stop this from occurring. If your child has been diagnosed with this birth injury, contact a lawyer immediately to file a lawsuit. Compensation from a successful claim can help pay for the medical bills of your child and other costs associated with the injury. This can help your child's financial burden and improve the quality of their life.

Expert Witness Reports

A medical expert will be required to review your Erb’s palsy case. They will provide their opinion about what caused the injury and whether it was due to negligence by a doctor. The expert can also help determine the severity of your injuries and how they will impact your future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common during vaginal births however it can occur during C-sections. This injury occurs when doctors move the shoulders of a baby to facilitate delivery. The process can pull or tear the nerves in the armpit, leading to permanent damage.

In some cases injuries can be repaired with surgery, but it could still cause problems. Children with this type of injury may not be able to use their arms or raise their hands. This can negatively impact their quality of living, especially if it prevents them from participating in activities or doing everyday tasks. Some people may benefit from muscle transfers. These are when surgeons insert stronger tendons or muscles to help weaker ones.

When you file a claim, your lawyer will collect as much evidence as they can and present it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. Following this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm their children sustained through filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties accountable. Our lawyers have the expertise and resources to thoroughly examine your child's case and determine if an error by a medical professional led to a brachial plexus injury.

One of the most frequent instances of medical malpractice causing Erb's palsy occurs when a doctor puts too hard on a baby's head neck or shoulders during labor and delivery. This could be due the incorrect use of vacuum extractors or forceps, a long labor that puts stress on the 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. Some babies develop permanent nerve damage, and will be disabled for the rest their lives. Thankfully, the majority of cases of Erb's syndrome are preventable and a result of medical inattention during labor and birth.

After the medical records and other evidence is obtained, our lawyers will bring a lawsuit against the defendants, which are typically the hospital or doctor that was involved in your child's birth. After the lawsuit is filed, the process of discovery will begin. This includes depositions, additional medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, but we're ready to take your case all the way through trial if needed.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries suffered by children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to show that the healthcare professional did not perform their duties in a particular set of circumstances, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.

In the majority of instances, the parties reach an agreement before the trial. This is done to satisfy the interests of both parties and bring the case to a close. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of money awarded will depend on the severity and medical needs of the injury.

Families with children suffering from brachial-plexus injuries are often unable to pay for the costs. A lawsuit for Erb's Palsy could offer financial relief to families who are likely to pay for the treatment of their children's condition. It also helps to cover lost wages if the injury impacts the ability of a child to work in the future. It can also assist in easing the emotional and physical stress of dealing with an injury that can have a profound impact on a child's life. An experienced family lawyer who has expertise in Erb's palsy can assist families to receive the compensation they are entitled to.