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Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical bills and treatments. These funds can also help families cope with the emotional trauma caused by this birth injury.

Your lawyer will review your medical records and determine how much your case is worth. The lawsuit is filed and defendants have 30 days to respond.

Medical Records

If a child is suffering from Erb's palsy, it can be devastating for the family. The condition can cause swelling, pain and disability that can affect the child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can help families get compensation for their losses.

The first step to file an action for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through these documents and may require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was due to an undiagnosed medical issue or natural causes.

A variety of factors can trigger Erb's palsy. The most common is when a doctor uses too much force during labor and birth. This can cause strain or tears to the brachial plexus nerves which can cause the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, it is important to get in touch with a lawyer immediately to start a lawsuit. A successful case could help pay for medical bills as well as other costs associated with the injury. This can alleviate financial burdens and improve your child's overall quality of life.

Expert witness reports

An expert medical is required to review your Erb’s palsy case. They will offer their opinion on what caused the injury and whether it was caused by negligence by a physician. The expert will also help determine the extent of your injuries and how they will affect your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This is more prevalent when vaginal births are occurring, but may also occur during c-sections. The injury is often caused when doctors need to move a baby's shoulders around to facilitate delivery. The process can strain and erb's palsy lawsuits tear the nerves of the armpit and cause permanent damage.

The injury can sometimes be repaired with surgery, but can still cause complications. Children with this type of injury may not be able use their arms or raise their hands. This can affect their quality of living particularly if it hinders them from playing sports or carrying out everyday tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to help weaker ones.

When you file a claim, your lawyer will gather the most evidence possible and send it to defense attorneys of 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 assist families to receive compensation for injuries suffered by their children. In addition, they can prevent future medical mistakes by holding the accountable parties accountable. Our lawyers are equipped with the knowledge and resources 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 that causes Erb's palsy occurs when a doctor puts too hard on a baby's head, neck, arms, or shoulders during labor and erb's Palsy lawsuits delivery. This can be caused by the improper use of vacuum extractors. It can be caused by prolonged labor that puts stress on the baby's shoulders and head.

Some babies suffering from Erb's palsy will fully recover and 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 Palsy are preventable and a result of medical carelessness during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all medical records and evidence. After the lawsuit is filed, the process of discovery will begin. This could include depositions, other medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, but we're prepared to take your case all the way through trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to make arguments before a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted in a reasonable manner.

In most instances, the parties reach an agreement before trial. The aim of the settlement is to satisfy both parties' needs and also to close the case. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of compensation is contingent upon the severity of the injury and how much medical care will be needed in the future.

Children with brachial plexus injuries face significant costs and often struggle to cover these costs. A lawsuit involving Erb's palsy could offer financial relief to families who are likely to pay for medical expenses related to their children's ailments. It also assists with the loss of earnings if the injury affects the child's ability to work in the future. It also helps to ease the physical and emotional burden of dealing with an injury that can have an enormous impact on a child's life. An experienced attorney from Erb's palsy will assist families in pursuing the damages they deserve.