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Erb's Palsy Litigation
A child suffering from erb's paralysis may be eligible for compensation to pay for future medical costs and treatment. These funds can help families cope emotionally with the trauma of birth.
Your lawyer will review your medical records and determine how much your case is worth. The lawsuit will be filed, and the defendants have 30 days to respond.
Medical Records
If a child is affected by Erb's syndrome, it can be devastating for their families. The condition can cause pain, swelling and impairment that can hinder a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can assist families receive compensation for their losses.
The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will give their opinion on whether the child's Erb's ailment was caused by the error of a doctor or due to natural causes.
Erb's Palsy is caused by a variety of causes. Most often, doctors will use too much force when performing labor and delivery. This can cause stretching or tears to the brachial plexus nerves which can cause the condition. There are fortunately, specific methods that doctors can employ to stop this from occurring. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful claim can be able to pay for medical bills and other costs related to the injury. This could help your child's financial burden and enhance their life quality.
Expert witness reports
A medical expert will be required to evaluate the case of Erb's Palsy and give an opinion about the cause of the injury, and whether it was due to negligence by a doctor. The expert will also be able to help you determine the severity of your injuries and how they will impact your future.
Erb's Palsy can be caused by birth trauma to the brachial plexus. This occurs more often during vaginal births, but may also occur during c-sections. The injury usually occurs when doctors have to move the baby's shoulders in order to facilitate delivery. The procedure can tear and stretch the armpit's nerves creating permanent damage.
In certain cases the injury may be repaired with surgery, but it could still cause issues. Children with this condition may not be able their hands or use their arms. This can affect their quality of life, particularly those who are unable participate in sports or carry out everyday tasks. Certain people might benefit from muscle transfers, where surgeons implant stronger tendons or muscles to support weaker ones.
When you file a claim your lawyer will gather as much evidence as they can and submit it to the attorneys for the defendants. The defendants then have 30 days to respond to your claim. After this, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits help families get compensation for injuries suffered by their children. They can also prevent further medical errors by holding accountable parties 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 a brachial plexus injury.
One of the most frequent instances of medical malpractice causing Erb's Palsy is when a doctor pulls too hard on a baby's head, neck or shoulders during labor and birth. This could be due to the incorrect use of vacuum extractors. It could be caused by prolonged labor that puts stress on the baby's head and shoulders.
A few babies who suffer from Erb's paralysis recover completely and will be able to move their arms normally again. But, others suffer permanent nerve damage and will be handicapped for the rest of their lives. Fortunately, the majority of cases of Erb's syndrome can be prevented and are the result of medical negligence during labor and delivery.
Our attorneys will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all medical records and evidence. After the lawsuit is filed, the process of discovery will begin. erb's palsy attorneys green bay includes depositions, further medical documents, as well as expert opinions. The majority of Erb's palsy lawsuits result in settlements, but we're ready to take your case to trial if needed.
Trial preparation
The final step to pursue compensation for brachial-plexus injuries in children is to present arguments before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare provider failed to act reasonable in a certain set of circumstances. The defendant's lawyers will try to convince a jury or judge that they were able to act in a reasonable manner.
Typically, the parties will reach a settlement before trial. This is done to satisfy the desires of both sides and bring the lawsuit to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and medical requirements of the injury.
Parents of children who suffer from brachial plexus injuries face significant costs and often struggle to pay for them. A lawsuit involving Erb's palsy can offer financial compensation to families who are likely to incur expenses in treating their children's illness. It can also cover lost earnings, if the injury hinders a child's ability to work. In addition, it helps cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced attorney from Erb's palsy can help families pursue the compensation they deserve.
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