erb's palsy attorneys Palsy Litigation
Children who suffer from Erb's Palsy could be compensated for future medical bills and treatments. These funds can also assist families deal with the emotional stress of this birth injury.
Your lawyer will review your medical records and determine how much your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
If a child is affected by Erb's palsy, it could be devastating for their families. The condition can cause swelling, pain and disability that could affect the ability of a child to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families to receive compensation for the losses they have suffered.
The first step in filing an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may have to consult experts in obstetrics and anesthesia and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's syndrome was caused by a doctor's error or due to natural causes.
A variety of factors can trigger Erb's Palsy in a variety of ways. The most common cause is that a doctor may use excessive force during labor and delivery. This can tear or stretch brachial nerves and trigger the condition. There are a variety of techniques doctors can employ to prevent this. You should consult with an attorney right away if your child was diagnosed with this birth defect. A successful claim can help pay for medical bills and other costs related to the injury. This can reduce the financial burden of your child and improve their quality of life.
Expert Witness Reports
A medical expert will be needed to review the case of Erb's Palsy and give a final opinion on the cause of the injury, and whether it was caused by negligence of a physician. The expert can also help you determine the severity of your injuries and how they may affect your future.
Erb's Palsy is caused by birth injuries to the brachial plexus. This is more frequent when vaginal births are occurring, but can also occur during c-sections. The injury is often caused when doctors have to move the baby's shoulders in order to facilitate delivery. The process may pull or tear the nerves in the armpit, leading to permanent damage.
In some cases the injury may be corrected with surgery, but it can still cause issues. Children with this condition may not be able to raise their hands or use their arms. This can impact their quality of life, especially if they are unable to participate in sports or carry out everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons insert stronger tendons or muscles to support weaker ones.
Your lawyer will gather as many evidence as you can and erb's palsy lawsuits forward it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. After that the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Families can claim compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help keep medical errors from happening again by holding those responsible accountable. Our lawyers have the experience and resources to fully examine your child's medical history and determine if the negligence of a medical professional led to the brachial plexus injury.
One of the most common 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 to the improper use or vacuum extractors. It can be caused by prolonged labor that puts stress on the baby's shoulders and head.
Some babies suffering from Erb's palsy recover completely and are able to move their arm normally again. However, some babies have permanent nerve damage and will suffer from a disability for the duration of their lives. Thankfully, most cases of Erb's paralysis are preventable and the result of medical negligence during labor and delivery.
Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions and other medical documents. Expert opinions are also included. Most Erb's palsy lawsuits end in settlement, but we are prepared to pursue your case all the way through trial if needed.
Trial preparation
The final stage of seeking compensation for a child's brachial nerve injury is to present arguments to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare professional failed to perform their duties in a particular set of circumstances, while the defendant's attorneys will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.
Typically, the parties will agree to a settlement prior to trial. The aim of the settlement 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 the compensation is contingent upon the severity of the injury and the amount of medical care will be needed in the future.
Families with children suffering from brachial plexus injuries often struggle to cover the costs. A lawsuit involving Erb's palsy could offer financial relief to families who may have to incur expenses in treating their children's condition. It could also help cover the loss of wages, if the injury affects a child's future ability to work. It can also assist in easing the physical and emotional stress of living with an injury that can have an immense impact on a child's life. A family lawyer with expertise in Erb's palsy can assist families to receive the compensation they deserve.