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Erb's Palsy Litigation
A child who has erb's syndrome may be eligible for compensation to pay for the cost of treatment and future medical expenses. These funds can aid families to cope with the trauma of birth.
Your lawyer will review your medical documents and determine what your case is worth. The lawsuit will be filed and defendants will have 30 days to respond.
Medical Records
If a child is affected by Erb's palsy, it can be devastating for their entire family. The condition can cause pain, swelling and disability that can affect the child's ability to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can assist families recover compensation for their losses.
The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may even require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. They will give you their opinion on whether Erb's Palsy in your child is due to an error in medical treatment or natural cause.
Erb's palsy can be caused by many factors. The most common cause is when a physician uses excessive force during labor and delivery. This can cause strain or tear to brachial nerves and cause the condition. There are a variety of techniques doctors can employ to prevent this. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to file a lawsuit. A successful claim could assist in paying for medical expenses and other expenses related to the injury. This will reduce the financial burden of your child and enhance their life quality.
Expert witness reports
A medical professional will be required to evaluate your Erb's case and provide an opinion on what caused the injury and if it was caused by a doctor's negligence. The expert will also help you determine how serious your injuries are and how they could affect your future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more prevalent in vaginal births, but it can also occur during c-sections. The injury is caused when doctors move the shoulders of a newborn to ease delivery. The process can stretch or tear the nerves in the armpit, causing long-term damage.
In some instances injuries can be corrected with surgery, but it could still cause problems. Children suffering from this condition may not be able to use their arms or raise their hands. This can negatively impact their daily living particularly if it hinders them from participating in activities or doing everyday tasks. erb's palsy lawyer tuscaloosa may benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to help weaker ones.
Your lawyer will collect as much evidence as you can and then send it to the lawyers of the defendants. The defendants 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 palsy lawsuits can help families obtain compensation for injuries sustained by their children. Additionally, they help keep medical errors from happening again by holding the parties responsible accountable. Our lawyers have the experience and resources needed to investigate your child's injuries and determine if the negligence of a medical professional caused the injury.
Erb's spalsy can be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during the delivery. This could be due to the incorrect use of vacuum extractors. It can also be due to a long labor causing stress on the baby's head and shoulders.
Some children with Erb's Palsy recover completely and will be able to move their arms normal. Some babies develop permanent nerve damage, and will be disabled for the rest their lives. Most cases of Erb's paralysis can be prevented and result from medical negligence during labor and delivery.
Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all medical documents and evidence. 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 the Erb's palsy cases end in settlement, however we are prepared to pursue your case all the way through trial if necessary.
Trial preparation
The final stage of seeking compensation for a child's brachial nerve injury is presenting evidence before a jury or judge. Your Erb's palsy lawyer will attempt 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 jury or judge that the healthcare professional was acting reasonably.
In most instances, the parties reach an agreement before trial. The goal of the settlement is to satisfy both parties' needs and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and future medical requirements of the injury.
Children with brachial-plexus injuries have to face huge costs and often struggle to pay for them. A lawsuit involving Erb's palsy could provide financial compensation for families who might have to pay for the treatment of their children's ailments. It could also help cover the loss of earnings, if the injury hinders a child's ability to work. Additionally, it can help to ease the emotional and physical stress of living with an injury that can alter the course of life. A family attorney who has experience in the field of Erb's Palsy will help families get the damages they are entitled to.
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