Erb's Palsy Litigation
Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. These funds can help families cope with the birth injury.
Your lawyer will look over your medical records and determine the value your case is worth. The lawsuit will be filed, and the defendants have 30 days to respond.
Medical Records
It can be devastating for families when a child suffers from Erb's palsy. The condition can cause pain, swelling and disability that could affect the ability of a child to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for their losses.
The first step to filing a claim for medical negligence is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will scrutinize these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will offer their opinions on whether or not your child's Erb's ailment was caused by a doctor's error or due to natural causes.
Erb's Palsy may be caused by many factors. The most common cause is when a doctor uses too much force during labor and birth. This can cause stretching or tears to brachial nerves and trigger the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. You should consult with an attorney as soon as your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills of your child and other costs related to the injury. This can reduce the financial burden and enhance your child's quality of life.
Expert Witness Reports
A medical professional will be required to look over your case of Erb's palsy and provide a verdict on the cause of the injury, and whether it was caused by negligence of a physician. The expert will also help determine the severity of your injuries and how they could affect your future life.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. This is more prevalent in vaginal births, however it can also happen during c-sections. This injury occurs when doctors move the shoulders of a baby in order to facilitate delivery. The process can strain and tear the armpit's nerves creating permanent damage.
The injury may be repaired by surgery, but can still cause complications. Children with this condition might not be able use their arms or raise their hands. This can impact their health, especially when they are unable participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers. In these, surgeons insert stronger tendons or muscles to help weaker ones.
Your lawyer will collect as many evidence as you can and then send it to the lawyers of the defendants. The defendants have 30 days to respond. After this, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits help families receive compensation for injuries suffered by their children. They also help prevent future medical errors by holding responsible parties liable. Our lawyers have the experience and resources to fully investigate your child's case and determine whether negligence by a medical professional contributed to his or her 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 birth. This could be due to the incorrect use of vacuum extractors. It can also be caused by a prolonged labor that puts stress on the baby's head and shoulders.
Some babies with Erb’s palsy will recover completely and be capable of moving their arms in a normal way. Some babies develop permanent nerve damage, and may be disabled for the rest of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and a result of medical negligence during labor and delivery.
After the medical records and other evidence have been taken, our attorneys will begin a lawsuit against defendants, typically the hospital or doctor who 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. Most Erb's Palsy lawsuits are settled, but we will bring your case to trial if it is necessary.
Trial preparation
The final step in seeking compensation for brachial-plexus injuries suffered by children is to present evidence before a judge or jury. Your Erb's ailment lawyer will try to prove that the healthcare provider failed to be reasonable in a particular set of circumstances. erb's palsy attorneys longview representing the defendant will attempt to convince a judge or jury that they were able to act in a reasonable manner.
Typically, the parties come to a deal prior to trial. This is designed to satisfy the interests 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 future medical needs of the injury.
Families with children who have brachial plexus injury often struggle to pay for the expenses. A lawsuit for Erb's psy can provide financial compensation to families that may need to pay for treatment costs for their children's illness. It may also cover lost wages, if the injury impacts a child's ability to work. It can also help alleviate the emotional and physical stress of dealing with an injury that has an impact that is profound on a child's life. A family attorney who has experience in Erb's Palsy can help families get the damages they deserve.