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Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for medical treatment and future expenses. These funds may also help families cope with the emotional trauma caused by this birth injury.

Your lawyer will review your medical records and determine the value your case is worth. The lawsuit will be filed and 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, which can make it difficult for children to do basic tasks like playing sports or putting on their shirt. A knowledgeable Erb's-Palsy lawyer can help families receive compensation for the losses they have suffered.

The first step in filing a medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need consult with experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. Experts will offer their opinion on whether your child's Erb's Palsy law firms ailment was the result of the error of a doctor or due to natural causes.

Many factors can cause Erb's palsy due to a variety of causes. The most common cause is when a doctor uses excessive force during labor and birth. This can tear or stretch brachial nerves, causing the condition. There are strategies that doctors can employ to prevent this. You should consult with an attorney right away if you suspect that your child was diagnosed with this birth defect. The money you receive from a successful claim will help pay for your child's medical bills and other expenses associated with the injury. This can help reduce the financial burden and enhance your child's quality of life.

Expert witness reports

A medical professional will be required to examine your case of Erb's palsy and provide an opinion on what caused the injury and whether it was caused by negligence by a doctor. The expert will also help you determine the severity of your injuries and how they could affect your life in the future.

Erb's Palsy is caused by birth injuries 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 can stretch and tear the nerves of the armpit which can cause permanent damage.

In some instances, the injury can be corrected through surgery, but it may still cause problems. Children with this condition may not be able their hands or use their arms. This can affect their quality of life, particularly when they are unable play sports or do everyday tasks. Some people can benefit from muscle transfer surgery, in which surgeons implant stronger muscles or tendons in order to support the weaker ones.

Your lawyer will collect as any evidence as you can and send it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can claim compensation for the injuries their children sustained by filing lawsuits against Erb's Palsy. Additionally, they help keep medical errors from happening again by holding the parties responsible accountable. Our lawyers are equipped with the experience and resources needed to investigate your child's injury and determine if the negligence of a medical professional caused the injury.

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

Some babies with Erb's palsy recover completely and are able to move their arms normally. However, other babies have permanent nerve damage and will suffer from disability for the duration of their lives. Fortunately, the majority cases of Erb's Palsy can be prevented and are the result of medical inattention during labor and birth.

Our attorneys will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all the medical records and evidence. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions, as well as other medical records. Expert opinions are also included. Most Erb's Palsy lawsuits are settled, but we may consider bringing your case to trial if necessary.

Trial preparation

The final step to pursue compensation for a child's plexus brachial injury is presenting arguments to a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare professional did not perform their duties in a particular scenario, and the defendant's attorneys will try to convince the jury or judge that the healthcare professional behaved reasonably.

Typically, the parties will come to a deal prior to trial. The aim of the settlement is to satisfy both parties' interests and stop the lawsuit. The lawsuit will be ended 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 will be needed in the future.

Parents of children who suffer from brachial plexus injury face substantial expenses and often have to pay for them. The financial compensation offered by an Erb's palsy lawsuit could assist families with the costs they may incur for treating their children's condition. It also assists in recouping lost wages if an injury has a negative impact on the ability of a child to work in the future. It can also help alleviate the emotional and physical stress of being a victim of an injury that can have an enormous impact on the life of a child. An experienced attorney for Erb's Palsy will assist families in pursuing the damages they deserve.