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Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. These funds can aid families to cope with the trauma of birth.

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

Medical records

If a child has Erb's palsy, it can be devastating for their families. The condition can cause swelling and pain that can make it difficult for children to do everyday tasks such as playing sports or putting on their shirt. A knowledgeable lawyer for Erb's palsy can assist families in obtaining compensation for the losses they have suffered.

The first step to file a claim for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. These experts will provide their opinion on whether the child's Erb's ailment was caused by a doctor's error or due to natural causes.

Several factors can lead to Erb's palsy. The most frequent cause is when a physician uses too much force during labor and delivery. This can stretch or tear brachial nerves, causing the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. You should consult with an attorney right away if your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit can help pay for your child's medical bills and other costs related to the injury. This can reduce the financial burden and improve your child's quality of life.

Expert Witness Reports

An expert medical will be needed to analyze your Erb's palsy case. They will provide their opinion on the cause of the injury, and whether or not it was caused by negligence by a physician. The expert will also help determine the extent of your injuries and how they could impact your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more frequent during vaginal births, but can also happen during c-sections. The injury is usually caused when doctors must move a baby's shoulders around to facilitate the delivery. The process can cause stretching and tear to the armpit's nerves causing permanent damage.

In some instances the injury may be corrected through surgery, but it can still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This could be detrimental to their daily living and, in particular, if it stops them from playing sports or performing everyday tasks. Certain people might benefit from muscle transfers, in which surgeons place stronger tendons or muscles to help weaker ones.

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

Documentation

Erb's palsy lawsuits help families receive compensation for injuries to their children. They also can prevent future medical errors by holding responsible parties accountable. Our lawyers have the experience and resources to thoroughly investigate your child's medical history and determine if negligence by a medical professional contributed to the brachial plexus injury.

Erb's palsy may be caused by a physician pulling too hard on the baby's neck, head, or shoulders during the birth. This could be due to the incorrect use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's shoulders and head, or shoulder dystocia.

Some babies with erb's palsy law firms palsy recover completely and are able to move their arms again. Some babies suffer permanent nerve damage and will be disabled for the rest of their lives. Fortunately, the majority of cases of Erb's Palsy can be prevented and are the result of medical inattention during labor and birth.

Once the medical documents and other evidence are taken, our attorneys will bring a lawsuit against the defendants, typically the doctor or hospital involved in the birth of your child. After the lawsuit is filed, the discovery process will begin. This will include depositions as well as additional medical records, and expert opinions. The majority of Erb's Palsy lawsuits are settled, but we may consider bringing your case to trial if needed.

Trial preparation

The final step to pursue compensation for a child's brachial plexus injury is presenting evidence before a jury or judge. Your Erb's palsy lawyer will try to establish that the healthcare provider did not be reasonable in a particular set of circumstances. The defendant's lawyers will attempt to convince a jury or judge that they acted in a reasonable manner.

Typically, the parties come to a deal prior to trial. The goal of the settlement is to satisfy both parties' needs and end the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will come to an end. The amount of compensation will depend on the severity and future medical needs of the injury.

Families with children suffering from brachial plexus injuries frequently struggle to pay for the costs. The financial compensation offered by an Erb's psy suit can help families with the expenses they could incur in order to treat their children's condition. It may also cover lost wages if the injury can affect a child's future capacity to work. In addition, it helps alleviate the emotional and physical anxiety of living with a life-altering birth injury. A family attorney who has expertise in Erb's palsy can assist families to receive the compensation they deserve.