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Erb's Palsy Litigation
A child with erb's palsy may be eligible for compensation to pay for treatment and future medical expenses. These funds may also help families deal with the emotional trauma of this birth injury.
Your lawyer will examine your medical documents and determine what your case is worth. The lawsuit will be filed, and the defendants have 30 days to respond.
Medical records
If a child is suffering from Erb's palsy, it could be devastating for their entire family. The condition can cause pain, swelling and disability that could affect the child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can help families recover compensation for their losses.
The first step to file a claim for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. The attorney will review the documents and may have to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. Experts will give their opinion on whether the child's Erb's syndrome was caused by the error of a doctor or due to natural causes.
A variety of factors can trigger Erb's palsy due to a variety of causes. The most common reason is when a doctor exerts too much force during labor and birth. This can cause stretching or tears to the brachial plexus nerves, which can cause the condition. There are strategies that doctors can use to avoid this. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to make a claim. A successful claim can help pay for medical bills and other costs related to the injury. This can help reduce the financial burden and improve your child's quality of life.
Expert Witness Reports
A medical expert will be required to examine your Erb's case and give a final opinion on what caused the injury and if it was caused by the negligence of a doctor. The expert will also help determine the extent of your injuries and how they may affect your life in the future.
Erb's Palsy can be caused by birth trauma to the brachial plexus. erb's palsy attorney el monte is more prevalent in vaginal births, but can occur during C-sections. The injury is often caused by doctors who have to move a baby's shoulders to facilitate the delivery. The process can cause stretching and tear to the nerves in the armpit creating permanent damage.
In some instances, the injury can be corrected with surgery, but it may still cause issues. Children who suffer from this condition might not be able to raise their hands or use their arms. This can negatively impact their quality of life and, in particular, if it stops them from playing sports or performing everyday tasks. Some people are able to benefit from the procedure of muscle transfer in which surgeons place stronger muscles or tendons in order to support the weaker ones.
If you file a claim your lawyer will gather as much evidence as is possible and then submit it to defense attorneys of the defendants. The defendants will then have 30 days to respond to your claim. The court will then set the date for your Erb's Palsy trial.
Documentation
Erb's lawsuits for palsy help families get compensation for injuries to their children. They also can prevent future medical errors by holding accountable parties accountable. Our lawyers have the resources and experience to investigate your child's injury and determine if the negligence of a medical professional caused the injury.
Erb's Palsy is often caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during the delivery. This could be due the improper use of vacuum extractors or forceps and a long labor that creates stress on a baby's shoulders and head, or shoulder dystocia.
Some babies suffering from Erb's palsy recover completely and are able to move their arms again. Some babies suffer permanent nerve damage, and will be disabled for the rest their lives. Most cases of Erb’s palsy can be avoided and are the result of medical malpractice during labor and delivery.
After the medical records and other evidence is collected, our attorneys will start a lawsuit against defendants, which are typically the hospital or doctor that was involved in the birth of your child. After the lawsuit is filed, the process of discovery will begin. This will include depositions as well as additional medical documents, and expert opinions. The majority of Erb's Palsy lawsuits end in settlements, but we're ready to take your case all the way through trial if needed.
Trial preparation
The final step to pursue compensation for brachial-plexus injuries suffered by children is to present evidence before a jury or judge. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider failed to be reasonable in a particular set of circumstances. The defendant's lawyers will try to convince a jury or judge that they acted reasonably.
In the majority of cases, the parties reach an agreement before trial. The intention is to satisfy both parties' needs and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of the compensation will depend on the severity of the injury and the amount of medical treatment is needed in the future.
Families with children who have brachial-plexus injuries are often unable to pay for the costs. A lawsuit for Erb's psy can offer financial compensation to families who may have to pay for treatment costs for their children's ailments. It can also cover lost wages if the condition impacts a child's ability to work. It can also assist in easing the emotional and physical stress of living with an injury that has a profound impact on the child's life. An experienced Erb's-Palsy attorney can help families pursue the damages they are entitled to.
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