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Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. These funds can help families cope emotionally with the birth injury.

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

Medical records

It can be a devastating experience for families when a child has Erb's Palsy. The condition can cause swelling and pain that can make it difficult for a child to do everyday tasks such as playing sports or Erb's Palsy lawsuits buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may need consult with experts in obstetrics and anesthesia and orthopedic surgery. These experts will provide their opinion on if Erb's ailment in your child is due to an error in medical treatment or natural causes.

A variety of factors can trigger Erb's paralysis in various ways. The most common cause is when a physician uses too much force during labor and birth. This can cause strain or tears to the brachial plexus nerves leading to the condition. There are methods that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, you should get in touch with a lawyer immediately to start a lawsuit. The compensation you receive from a successful lawsuit can help pay for the medical bills for your child as well as other expenses associated with the injury. This can reduce the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical professional is required to evaluate your Erb's palsy case and give a final opinion on the cause of the injury, and if it was caused by negligence by a doctor. The expert will also help you determine the severity of your injuries and how they may impact your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This is more prevalent during vaginal births but can also occur during csections. The injury is usually caused when doctors must move the baby's shoulders to facilitate the delivery. The process can cause stretching and tear to the nerves of the armpit which can cause permanent damage.

In some cases the injury may be treated with surgery, but it could still cause issues. Children who suffer from this condition may not be able use their arms or raise their hands. This can impact their quality of life, particularly when they are unable play sports or do everyday tasks. Certain people can benefit from a procedure called muscle transfer in which surgeons place stronger muscles or tendons that support weaker ones.

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

Documentation

Families can seek compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the responsible parties accountable. Our lawyers are equipped with the knowledge and resources to examine the injury of your child and determine whether a medical professional's negligent actions caused the injury.

Erb's Palsy can be caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during the delivery. This can be caused by the incorrect use of vacuum extractors. It can also be the result of a long labor, which causes stress to the baby's head and shoulders.

Some babies with Erb's palsy recover completely and can move their arm in a normal way. However, other babies have permanent nerve damage and suffer from a disability for the rest of their lives. The majority of cases of Erb's palsy can be avoided and are the result of medical negligence during labor and delivery.

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

Trial preparation

The final step in pursuing compensation for brachial-plexus injuries suffered by children is to present arguments before a jury or judge. Your Erb's ailment lawyer will try to prove that the healthcare provider did not act reasonable in a certain set of circumstances. The attorneys representing the defendant will attempt to convince a judge or jury that they acted reasonably.

In most instances, the parties reach an agreement before the trial. This is done to satisfy the interests of both parties and bring the case to an end. The plaintiffs will receive an amount in one lump sum and the lawsuit will be closed. The amount of compensation is based on the severity the injury and how much medical care is required in the future.

Children with brachial plexus injury face substantial costs and often struggle to pay for them. A lawsuit involving Erb's palsy could provide financial compensation to families who may have to pay for the treatment of their children's illness. It may also cover lost earnings, if the injury can affect a child's future capacity to work. It can also assist in easing the physical and emotional burden of living with an injury that can have an immense impact on a child's life. An experienced family lawyer who has experience in Erb's Palsy can assist families in obtaining the compensation they are entitled to.