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 with this birth injury.
Your lawyer will review your medical records to determine the worth of your case. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
If a child has Erb’s palsy, it can be devastating for their entire family. The condition can cause pain, swelling and disability that could affect a child’s ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb’s-Palsy lawyer will help families get compensation for the losses they have suffered.
The first step to filing a claim for medical negligence is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. Experts will offer their opinion on whether your child’s Erb’s paralysis was caused by an error by a doctor or due to natural causes.
There are many factors that can trigger Erb’s palsy due to a variety of causes. Most often, doctors will use too much force when performing labor and delivery. This can tear or stretch brachial nerves, causing the condition. There are strategies that doctors can use to avoid this. You should contact an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim can help pay for the medical bills of your child and other costs related to the injury. This will reduce the financial burden of your child and improve their life quality.
Expert witness reports
A medical expert will be required to look over your Erb’s case and provide a verdict on the cause of the injury and if it was caused by the negligence of a doctor. The expert will also help you determine the extent of your injuries and how they could impact your life in the future.
Erb’s Palsy can be caused by birth trauma to the brachial-plexus. This is more prevalent in vaginal births, however it can also happen during c-sections. This injury happens when doctors move the shoulders of a baby to ease the delivery process. The process may stretch or tear the nerves in the armpit, leading to permanent damage.
In some instances the injury may be repaired with surgery, but it could still cause issues. Children suffering from this condition may not be able use their arms or Erb’s Palsy lawsuits raise their hands. This could affect their quality of life, particularly when they are unable to play sports or do everyday tasks. Certain people may benefit from muscle transfer surgery that involve the surgical placement of stronger muscles or tendons to support weaker ones.
Your lawyer will gather as many evidence as you can, and send it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.
Documentation
Families can get compensation for the harm their children sustained by filing Erb’s Palsy lawsuits. They can also prevent further medical errors by holding accountable parties accountable. Our lawyers have the knowledge and resources to investigate your child’s injury and determine if the negligence of a medical professional caused it.
Erb’s Palsy is often caused by a doctor who pulls too hard on the baby’s neck, head, arms or shoulders during birth. This can be caused by the improper use of vacuum extractors. It could also be due to 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 arms normally. However, some babies have permanent nerve damage and will be handicapped for the rest of their lives. The majority of cases of Erb’s palsy can be avoided and are caused by medical negligence during labor and birth.
After the medical documents and other evidence are taken, our attorneys will start a lawsuit against defendants, which is typically the hospital or doctor that was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions and additional medical records. Expert opinions are also incorporated. Most Erb’s palsy lawsuits end in settlement, however we’re ready to take your case all the way through trial if necessary.
Trial preparation
The final stage of seeking compensation for a child’s plexus brachial injury is presenting arguments before a jury or judge. Your Erb’s palsy lawyer will try to prove that the healthcare provider did not be reasonable in a particular set of circumstances. The lawyer representing the defendant will try to convince a jury or judge that they acted reasonably.
Typically, the parties come to a deal prior to trial. The intention is to satisfy both parties’ interests and also to close the case. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of compensation will depend on the severity and medical needs of the injury.
Children with brachial plexus injuries face significant costs and often struggle to pay for them. The financial compensation offered by an Erb’s palsy lawsuit could assist families with the costs they might incur in treating their children’s illness. It may also cover lost wages, if the injury hinders a child’s ability to work. It also helps to ease the physical and emotional burden of having an injury that can have an impact that is profound on the life of a child. A family lawyer with experience with Erb’s Syndrome can help families receive the compensation they deserve.