Erb's Palsy Litigation
A child suffering from erb's palsy may be eligible for compensation to pay for future medical costs and treatment. The funds could also help families cope with the emotional stress of this birth injury.
Your lawyer will examine your medical documents and determine what your case is worth. The lawsuit will be filed and the defendants have 30 days to respond.
Medical Records
If a child is suffering from Erb's palsy, it can be devastating for their family. The condition can cause swelling and pain, which can make it difficult for a child to do basic tasks like playing sports or putting on their shirt. A knowledgeable lawyer for Erb's palsy will help families get compensation for the losses they have suffered.
The first step to filing an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may even require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will offer their opinions on whether Erb's palsy in your child was caused by an error in medicine or natural cause.
Several factors can lead to Erb's palsy. 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 strategies that doctors can employ to prevent this. You should consult with an attorney right away if your child was diagnosed with this birth defect. A successful case could aid in the payment of medical bills and other expenses related to the injury. This can alleviate financial burdens and improve your child's quality of life.
Expert Witness Reports
A medical expert will be needed to analyze your Erb's palsy case. They will offer their opinion on the cause of the injury, and whether or not it was due to negligence by a physician. The expert will also help you determine the extent of your injuries and how they will affect your life in the future.
Erb's Palsy is caused by birth injuries to the brachial plexus. This is more prevalent in vaginal births, however it can also happen during c-sections. The injury is often caused when doctors have to move a baby's shoulders to facilitate delivery. The process may cause nerve damage or stretch in the armpit, causing permanent damage.
In certain instances the injury may be corrected with surgery, but it could still cause issues. Children suffering from this condition may not be able to lift their hands or use their arms. This could affect their health, especially if they are unable to engage in sports or perform daily tasks. Some people are able to benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons to help support the weaker ones.
Your lawyer will gather as many evidence as you can and then send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After that, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can get compensation for the harm their children suffered by filing lawsuits against Erb's Palsy. In addition, they can keep medical errors from happening again by holding the parties responsible accountable. Our lawyers have the experience and resources to thoroughly investigate your child's case and determine whether negligence by a medical professional contributed to his or her brachial plexus injury.
One of the most common instances of medical malpractice causing Erb's syndrome is when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and delivery. This could be due to the incorrect use of vacuum extractors. It could be caused by prolonged labor that puts stress on the baby's head and shoulders.
Some children with Erb's Palsy recover completely and are able to 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 palsy are preventable and result of medical inattention during labor and birth.
Once the medical records and other evidence is taken, our attorneys will file a lawsuit against the defendants, typically the hospital or doctor that was involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, as well as other medical documents. Expert opinions are also included. erb's palsy law firm antioch of cases filed against Erb's & Palsy are settled, but we will take your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for a child's plexus brachial injury is presenting arguments before a jury or judge. Your Erb's Palsy lawyer will try to establish that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonably.
Typically, the parties agree to a settlement prior to trial. This is designed to meet the needs of both sides and bring the litigation to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of the compensation is based on the severity the injury and how much medical care is required in the future.
Families with children suffering from brachial plexus injuries frequently struggle to cover the costs. A lawsuit for Erb's psy could provide financial compensation for families who might have to pay for treatment costs for their children's illness. It also assists in recouping lost wages if the injury hinders the ability of a child to work in the future. Additionally, it can help deal with the emotional and physical anxiety of living with a life-altering birth injury. An experienced attorney for Erb's Palsy can assist families to pursue the compensation they deserve.