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Erb's Palsy Litigation

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

Your lawyer will look over your medical records and determine how much your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.

Medical records

It can be devastating to a family when a child has Erb's Palsy. The condition can cause pain, Erb's palsy swelling and impairment that can hinder the child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's Palsy lawyer can help families recover compensation for their losses.

The first step to file a claim 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 need to consult experts in obstetrics or anesthesia, and orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was caused by a medical error or natural cause.

Many factors can cause Erb's Palsy in a variety of ways. The most common reason is when a doctor uses excessive force during labor and birth. This can cause stretching or tears to brachial nerves causing the condition. There are fortunately, specific techniques that physicians can use to prevent this from occurring. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful lawsuit could help pay for medical bills and other expenses related to the injury. This can help alleviate financial burdens and improve your child's quality of life.

Expert Witness Reports

A medical professional is required to look over your Erb's case and provide an opinion on the cause of the injury and if it was due to a doctor's negligence. The expert will also help you determine how serious your injuries are and how they could impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more frequent in vaginal births however it can occur during C-sections. The injury is often caused when doctors have to move a baby's shoulders around to facilitate the delivery. The process may stretch or tear the nerves in the armpit, causing permanent damage.

In certain cases, the injury can be corrected with surgery, but it may still cause problems. Children suffering from this condition may not be able to raise their hands or use their arms. This can negatively impact their quality of living and, in particular, if it stops them from playing sports or performing everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to help weaker ones.

If you file a claim your lawyer will gather as much evidence as possible and Erb's Palsy submit it to the attorneys for the defendants. The defendants will then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm their children sustained by filing Erb's Palsy lawsuits. In addition, they can stop future medical errors from occurring by holding the accountable parties accountable. Our lawyers have the experience and resources to fully examine your child's case and determine if an error by a medical professional led to the brachial plexus injury.

Erb's Palsy is often caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during the birth. This could be due to the improper use or vacuum extractors. It can be caused by prolonged labor that puts stress on the baby's head and shoulders.

Some children with Erb's Palsy recover completely and can move their arms again. Some babies are permanently affected by nerve damage, and will be disabled for the rest of their lives. Most cases of Erb's paralysis can be avoided and are caused by medical negligence during labor and delivery.

After the medical records and other evidence have been taken, our attorneys will begin a lawsuit against defendants, typically the hospital or doctor who was involved in the birth of your child. After the lawsuit is filed, the process of discovery will begin. This could include depositions, other medical records, and expert opinions. The majority of Erb's Palsy lawsuits are settled, but we will bring your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's brachial-plexus injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer will attempt to establish that the healthcare professional did not behave in a reasonable manner under a particular set of circumstances, while the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional acted in a reasonable manner.

In the majority of cases, the parties reach an agreement before trial. The settlement is intended to satisfy both parties' interests and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of compensation will depend on the severity and medical needs of the injury.

Families with children with brachial plexus injuries frequently struggle to cover the costs. A lawsuit involving Erb's palsy can offer financial compensation for families who might have to incur expenses in treating their children's illness. It also assists with the loss of wages if an injury has a negative impact on the ability of a child to work in the future. It also helps to ease the physical and emotional strain of having an injury that has an impact that is profound on a child's life. An experienced Erb's palsy attorney can assist families in pursuing the damages they deserve.