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Erb's Palsy Litigation

A child who has erb's syndrome may be eligible for compensation to pay for future medical costs and treatment. These funds can help families cope with the trauma of birth.

Your lawyer will review your medical documents to determine the merits of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

It can be devastating to families when a child suffers from Erb's palsy. The condition can cause swelling, pain and disability that can affect the ability of a child to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step in filing an action for medical malpractice is to gather evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child is due to an error in medicine or natural causes.

Erb's Palsy is caused by a variety of causes. Most often, a doctor may use too much force during labor and delivery. This can tear or stretch brachial nerves causing the condition. There are a variety of techniques doctors can use to avoid this. You should contact an attorney right away if your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses 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 professional is required to examine your Erb's palsy case and give a final opinion on what caused the injury and whether it was due to negligence by a doctor. The expert can also help determine how serious your injuries are and how they could affect your future.

erb's palsy attorney Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more prevalent when vaginal births are occurring, but can also happen during c-sections. This injury occurs when doctors move the shoulders of a newborn in order to facilitate delivery. The process can cause stretching and tear to the armpit's nerves which can cause permanent damage.

The injury is sometimes repaired by surgery, but can still cause complications. Children who suffer from this condition might not be able to lift their hands or use their arms. This can be detrimental to their quality of life and can hinder them from playing sports or carrying out everyday tasks. Some people may benefit from muscle transfers, in which surgeons place stronger tendons or muscles to help weaker ones.

If you file a claim your lawyer will collect as much evidence as is possible and submit it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After this the court will then schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can seek compensation for the harm their children sustained by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding responsible parties accountable. Our lawyers have the expertise and resources to fully examine your child's case and determine whether the negligence of a medical professional led to a brachial plexus injury.

One of the most common instances of medical malpractice causing Erb's Palsy is when a doctor puts too hard on a baby's head, neck or shoulders during labor and delivery. This could be due to the incorrect use of vacuum extractors or forceps or a prolonged labor that results in stress on a baby's shoulders and head, or shoulder dystocia.

Some children with Erb's Palsy recover completely and will be capable of moving their arms normal. Some babies sustain permanent nerve damage and will be disabled for the rest their lives. Fortunately, the majority 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 documents and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions and other medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlements, but we are prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for brachial-plexus injuries suffered by children is to present evidence before a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, Erb's Palsy lawsuits while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties will reach a settlement before trial. The intention is to satisfy both parties' needs and end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation received is based on the severity the injury and how much medical treatment will be required in the future.

Families with children suffering from brachial plexus injuries often struggle to cover the costs. Financial compensation from an Erb's psy suit can help families with the expenses they could incur in order to treat their children's illness. It may also cover lost wages if the condition impacts a child's ability to work. Additionally, it can help cover the physical and emotional stress of living with a life-altering birth injury. An experienced family lawyer who has experience in Erb's Palsy can assist families to receive the compensation they deserve.