Elouise Hopper asked 12 months ago
Erb’s Palsy Litigation
Children who suffer from Erb’s Palsy could receive compensation for future medical bills and treatments. These funds may also help families cope with the emotional trauma that comes from this birth injury.
Your lawyer will review your medical records and determine the value your case is worth. 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 the family. The condition can cause swelling and pain, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A lawsuit filed by a seasoned Erb’s Palsy lawyer can help families receive compensation for their losses.
The first step in submitting a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may have to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. They will give you their opinions on whether Erb’s palsy in your child was caused by an error in medicine or natural causes.
Several factors can lead to Erb’s palsy. The most common cause is when a physician uses too much force during labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. Fortunately, there are specific techniques that physicians can use to prevent this from happening. If your child has been diagnosed with this birth injury, contact a lawyer immediately to file a lawsuit. Compensation from a successful claim can be used to pay the medical bills of your child as well as other costs associated with the injury. This will ease your child’s financial burden and improve their quality of life.
Expert witness reports
A medical professional is required to look over your case of Erb’s palsy and provide an opinion on the cause of the injury and if it was due to a doctor’s negligence. The expert can also help determine the severity of your injuries and how they might affect your future.
Erb’s Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more prevalent in vaginal births, but it can also occur during C-sections. The injury is typically caused by doctors who have to move the baby’s shoulders in order to facilitate delivery. The process may cause nerve damage or stretch in the armpit, leading to permanent damage.
The injury is sometimes repaired through surgery, but it could cause complications. Children with this condition may not be able their hands or use their arms. This can impact their health, especially when they are unable to play sports or do everyday tasks. Certain people may benefit from the procedure of muscle transfer that involve the surgical placement of stronger muscles or tendons to help support the weaker ones.
If you file a claim your lawyer will gather as much evidence as they can and submit it to the defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. Following this the court will decide when to schedule your Erb’s Palsy lawsuit for trial.
Documentation
Families can receive compensation for the harm they suffered as children by filing Erb’s Palsy lawsuits. In addition, they can stop future medical errors from occurring by holding the parties responsible accountable. Our lawyers are equipped with the necessary resources and expertise to examine the injury of your child and determine whether the negligence of a medical professional caused the injury.
Erb’s Palsy can be caused by a doctor who pulls too hard on the baby’s neck, head, arms or shoulders during birth. This may be due to the improper use of vacuum extractors or forceps, a long labor that creates stress on a baby’s shoulders and head, or shoulder dystocia.
A few babies who suffer from Erb’s paralysis will recover completely and be able to move their arms again. Some babies develop permanent nerve damage, and may be disabled 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.
Our attorneys will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all medical records and evidence. The discovery process begins once the lawsuit has been filed. This could include depositions, other medical records, and expert opinions. Most erb’s palsy law firms palsy lawsuits end in settlement, but we are prepared to take your case to trial if necessary.
Trial preparation
The final step of pursuing compensation for a child’s brachial plexus injury is presenting arguments to a judge or jury. Your Erb’s Palsy lawyer will attempt to establish that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The attorneys representing the defendant will try to convince a jury or judge that they acted in a reasonable manner.
Typically, the parties will settle the case prior to trial. This is done to satisfy the interests of both parties and bring the lawsuit to a close. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent on the severity and future medical needs of the injury.
Children with brachial plexus injury face substantial expenses and often have to cover these costs. Financial compensation from an Erb’s Palsy lawsuit may assist families with the costs they could incur in order to treat their children’s condition. It also helps to cover lost 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 having an injury that can have an immense impact on a child’s life. An experienced attorney for Erb’s Palsy can help families pursue the compensation they deserve.