Erb’s Palsy Litigation
Children suffering from Erb’s palsy may receive compensation for future medical bills and treatments. These funds may also help families cope with the emotional trauma caused by this birth injury.
Your lawyer will review your medical documents and determine what your case is worth. The lawsuit will be filed and defendants will have 30 days to respond.
Medical Records
When a child suffers from Erb’s palsy, it could be devastating for their entire family. The condition can cause swelling and pain that 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 an action for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through these documents and may even need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will provide their opinions on whether or not your child’s Erb’s ailment was caused by the error of a doctor or due to natural causes.
A variety of factors can trigger Erb’s Palsy in a variety of ways. Most often, doctors uses too much force when performing labor and delivery. This can cause stretching or tears to the brachial plexus nerves, leading to the condition. There are fortunately, specific methods that doctors can employ to stop this from happening. If your child has been diagnosed with this birth injury, you should consult a lawyer right away to file a lawsuit. The money you receive from a successful claim can help pay for your child’s medical bills and 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 professional will be required to look over your case of Erb’s palsy and provide an opinion on the cause of the injury, and whether it was due to the negligence of a doctor. The expert will also assist you to determine the extent of your injuries and how they might affect your future life.
Erb’s Palsy can be caused by birth trauma to the brachial plexus. This is more common during vaginal births but can happen during C-sections. The injury usually occurs when doctors must move a baby’s shoulders around to facilitate the delivery. The process may strain or tear nerves in the armpit, causing long-term damage.
The injury can sometimes be repaired by surgery, Erb’s Palsy attorney but it can cause complications. Children who suffer from this condition might not be able to raise their hands or use their arms. This could impact their quality of life, especially when they are unable to 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.
Your lawyer will collect as the evidence you can, and send it to the lawyers of the defendants. The defendants have 30 days to respond. After this the court will then schedule your Erb’s Palsy lawsuit for trial.
Documentation
Erb’s palsy lawsuits can help families get compensation for injuries sustained by their children. They also help prevent future medical errors by holding responsible parties accountable. Our lawyers have the expertise and resources to thoroughly investigate your child’s situation and determine if a medical professional’s negligence led to a brachial plexus injury.
Erb’s spalsy can be caused by a doctor Erb’s palsy attorney who pulls too hard on the baby’s neck, head, or shoulders during birth. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that creates stress on a baby’s shoulders and head, or shoulder dystocia.
Some babies suffering from Erb’s palsy can fully recover and be able to move their arms normally again. Some babies develop permanent nerve damage, and will be disabled for the rest their lives.
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 documents and evidence. The discovery process begins after the lawsuit has been filed. This will include depositions as well as additional medical documents, and expert opinions. The majority of the Erb’s palsy cases end in settlement, but we’re ready to take your case all the way through trial if needed.
Trial preparation
The final step of pursuing compensation for a child’s brachial-plexus injury is to present arguments before a jury or judge. Your Erb’s lawyer will try to show that the healthcare professional did not behave in a reasonable manner under a particular scenario, and the defendant’s attorneys will try to convince the judge or jury that the healthcare professional behaved reasonably.
Typically, the parties will agree to a settlement prior to trial. This is done to satisfy the interests of both parties and bring the litigation to an end. The plaintiffs will receive an amount in one lump sum and the lawsuit will close. The amount of the compensation is based on the severity the injury and how much medical treatment will be required in the future.
Families with children with brachial-plexus injuries are often unable to pay for the expenses. Financial compensation from an Erb’s palsy lawsuit can assist families with the costs they may incur to treat their children’s condition. It also assists with the loss of wages if an injury has a negative impact on a child’s ability to work in the future. Finally, it can help deal with the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb’s palsy attorney can assist families in pursuing the damages they deserve.