erb’s palsy law firms Palsy Litigation
Children who suffer from Erb’s Palsy could be compensated for future medical bills and treatments. These funds can help families cope with this birth injury.
Your lawyer will go through your medical records to determine the worth of your case. The lawsuit is filed and defendants will have 30 days to respond.
Medical Records
If a child has Erb’s palsy, it could be devastating for their family. The condition can cause swelling and pain that can make it difficult for a child to do basic tasks like playing sports or putting on their shirt. An experienced Erb’s Palsy lawyer will help families get compensation for their losses.
The first step of filing an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will give their opinions on whether your child’s Erb’s palsy was caused by 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 excessive force during labor and delivery. This can tear or stretch brachial nerves and cause the condition. There are techniques that doctors can employ to prevent this. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. The money you receive from a successful claim can be used to pay the medical bills of your child and other expenses related to the injury. This could help ease the financial burden of your child and improve their quality of life.
Expert Witness Reports
A medical professional will be needed to review your Erb’s palsy case and provide a verdict on what caused the injury and if it was due to a doctor’s negligence. The expert will also help determine the extent of your injuries and how they may impact your life in the future.
Erb’s Palsy can be caused by birth injuries to the brachial-plexus. This is more common in vaginal births however it can occur during c-sections. The injury is often caused when doctors need to move the baby’s shoulders in order to facilitate delivery. The process may strain or tear nerves in the armpit, Erb’s Palsy lawyer leading to permanent damage.
The injury is sometimes repaired by surgery, but it can cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. This can impact their quality of life, especially if they are unable to engage in sports or perform daily tasks. Some people may benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to help weaker ones.
When you file a claim, your lawyer will collect as much evidence as possible and send 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
Families can get compensation for the harm their children sustained by filing lawsuits for Erb’s palsy. In addition, they can prevent future medical errors by holding the parties responsible accountable. Our lawyers have the expertise and resources to fully investigate your child’s medical history and determine if a medical professional’s negligence led to the brachial plexus injury.
One of the most frequent instances of medical malpractice that causes Erb’s Palsy is when a doctor puts too hard on a baby’s head, neck, arms, or shoulders during labor and delivery. This could be due the incorrect use of forceps or vacuum extractors as well as a long labor which causes stress on a baby’s head and shoulders or shoulder dystocia.
Some children with Erb’s Palsy recover completely and are able to move their arms normally. Some babies are permanently affected by nerve damage, and will be disabled for the rest their lives. Thankfully, the majority of cases of Erb’s syndrome can be prevented and are the result of medical mistakes during labor and delivery.
After the medical records and other evidence have been taken, our attorneys will bring a lawsuit against the defendants, which are typically the hospital or doctor that was involved in your child’s birth. After the lawsuit is filed, the process of discovery will begin. This includes depositions, further medical documents, and expert opinions. The majority of cases filed against Erb’s & Palsy are settled, but we will take your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for a child’s plexus brachial injury is presenting arguments to a judge or jury. Your Erb’s palsy lawyer is going to try to establish that the healthcare professional failed to act in a reasonable way under a specific situation, while the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional acted in a reasonable manner.
Typically, the parties settle the case prior to trial. This is designed to satisfy the interests of both parties and bring the lawsuit to a close. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of compensation received is based on the severity the injury and how much medical treatment will be required in the future.
Families with children who have brachial plexus injury often struggle to pay for the costs. A lawsuit for Erb’s Palsy can provide financial compensation to families that may need to incur expenses in treating their children’s ailments. It also assists in recouping lost earnings if the injury affects a child’s ability to work in the future. In addition, it helps alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced attorney from Erb’s palsy will assist families in pursuing the compensation they deserve.