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Erb's Palsy Litigation

A child with erb's palsy may be eligible for compensation to pay for the cost of treatment and future medical expenses. These funds can aid families to cope with the trauma of birth.

Your lawyer will scrutinize your medical documents to determine the merits of your case. The lawsuit is filed and defendants have 30 days to respond.

Medical Records

If a child is affected by erb's palsy lawsuit palsy, it can be devastating for their entire family. The condition can cause pain and swelling, which can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for their losses.

The first step in filing a medical malpractice claim is to collect evidence of negligence. This includes medical documents as well as witness statements. The attorney will review the documents and may have consult with experts in obstetrics and anesthesia as well as orthopedic surgery. They will give you their opinion on whether Erb's Palsy in your child is due to an undiagnosed medical issue or natural cause.

Erb's Palsy is caused by several factors. Most often, a doctor may use too much force when they perform labor and delivery. This can cause stretching or tears to brachial nerves causing the condition. There are strategies that doctors can employ to avoid this. You should contact an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim will help pay for the medical bills of your child as well as other costs related to the injury. This can reduce the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical expert will be required to look over your case of Erb's palsy and give an opinion about the cause of the injury, and whether it was caused by the negligence of a doctor. The expert will also help determine the severity of your injuries and how they will affect your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common during vaginal births however it can occur during c-sections. This injury occurs when doctors move the shoulders of a baby to ease the delivery process. The procedure can tear and stretch the nerves of the armpit and cause permanent damage.

The injury is sometimes repaired with surgery, but it can cause complications. Children with this type of injury may not be able to use their arms or raise their hands. This can impact their quality of life, particularly those who are unable perform everyday tasks. Some people may benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to support weaker ones.

Your lawyer will collect as any evidence as you can and then 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

Erb's lawsuits for palsy help families to receive compensation for injuries suffered by their children. They can also stop further medical errors by holding responsible parties liable. Our lawyers have the resources and experience to investigate your child's injuries and determine if a medical professional's negligent actions caused it.

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

Some babies suffering from Erb's palsy can fully recover and be able to move their arms in a normal way. Some babies are permanently affected by nerve damage and will be disabled for the rest of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and a result of medical inattention during labor and birth.

Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical records and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions and other medical documents. Expert opinions are also incorporated. The majority of Erb's Palsy lawsuits are settled, but we may consider bringing your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's brachial-plexus injury is presenting arguments before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The lawyer representing the defendant will try to convince a jury or judge that they were able to act in a reasonable manner.

Typically, the parties will agree to a settlement prior to trial. This is done to satisfy the interests of both parties and bring the case to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of compensation will depend on the severity and future medical needs of the injury.

Parents of children who suffer from brachial-plexus injuries have to face huge expenses and often have to cover these costs. A lawsuit for Erb's psy could provide financial compensation to families that may need to pay for treatment costs for their children's illness. It also assists with the loss of wages if the injury hinders the ability of a child to work in the future. It can also help deal with the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can help families pursue the damages they deserve.