Erb's Palsy Litigation
A child suffering from erb's paralysis may be eligible for compensation to pay for the cost of treatment and future medical expenses. The funds could also help families cope with the emotional stress of this birth injury.
Your lawyer will review your medical records and determine the value your case is worth. The lawsuit is filed and defendants will have 30 days to respond.
Medical records
If a child is affected by Erb's Palsy, it can be devastating for their families. The condition can cause pain and swelling, which can make it difficult for a child to perform basic tasks like playing sports or buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can help families get compensation for their losses.
The first step of filing an action for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will give their opinion on whether the child's Erb's syndrome was the result of an error by a doctor or due to natural causes.
Erb's Palsy can be caused by several factors. Most often, a doctor is prone to using too much force when they perform labor and delivery. This can stretch or tear brachial nerves causing the condition. There are fortunately, specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to bring a lawsuit. The compensation you receive from a successful lawsuit can be used to pay the medical bills for your child as well as other expenses associated with the injury. This can help ease the financial burden of your child and enhance their quality of life.
Expert Witness Reports
A medical expert will be needed to review your Erb's case and give an opinion about what caused the injury and if it was caused by a doctor's negligence. The expert will also help determine the extent of your injuries and how they might impact your life in the future.
Erb's Palsy is caused by a birth injury to the brachial plexus. This is more frequent during vaginal births but can also occur during c-sections. This type of injury occurs when doctors move the baby's shoulders to ease delivery. The process can stretch and tear the armpit's nerves creating permanent damage.
In certain cases, the injury can be corrected through surgery, but it could still cause issues. Children with this condition may not be able to lift their hands or use their arms. This can affect their health, especially when they are unable participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers, in which surgeons place stronger tendons or muscles to support weaker ones.
When you file a claim your lawyer will collect as much evidence as they can and then submit it to attorneys for the defendants. The defendants have 30 days to respond. After that the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits help families get compensation for their children's injuries. Additionally, they help prevent future medical mistakes by holding those responsible accountable. Our lawyers have the knowledge and resources to fully investigate your child's medical history and determine if the negligence of a medical professional led to the brachial plexus 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 or shoulders during labor and birth. This could be due to the incorrect use of vacuum extractors. It can be caused by prolonged labor that puts stress on the baby's shoulders and head.
Some children with Erb's Palsy recover completely and can move their arm normally 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 prevented and are the result of medical negligence during labor and birth.
Our lawyers will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions as well as additional medical records. Expert opinions are also provided. Most Erb's Palsy lawsuits are settled, but we may take your case to trial if necessary.
Trial preparation
The final stage of seeking compensation for a child's plexus brachial injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The lawyer representing the defendant will attempt to convince a jury or judge that they acted in a reasonable manner.
In most cases, the parties come to an agreement before trial. This is done to satisfy the desires of both parties and bring the litigation to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. erb's palsy lawsuit hoover of compensation is based on the severity the injury and the amount of medical treatment is needed in the future.
Parents of children who suffer from brachial plexus injuries are faced with significant expenses and often have to cover the costs. A lawsuit involving Erb's palsy can offer financial compensation to families who are likely to pay for medical expenses related to their children's ailments. It may also cover lost wages if the condition can affect a child's future capacity to work. It can also assist in easing the physical and emotional stress of having an injury that can have an immense impact on the child's life. A family lawyer with expertise in Erb's palsy can help families receive the compensation they are entitled to.