Erb's Palsy Litigation
Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. The funds could also help families deal with the emotional stress of this birth injury.
Your lawyer will go through 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
When a child suffers from Erb's Palsy, it can be devastating for their families. The condition can cause pain and swelling, which can make it difficult for children to do basic tasks like playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.
The first step to file a claim for medical malpractice is to collect evidence of negligence. This includes medical documents and witness statements. The attorney will review the documents and may need consult with experts in obstetrics and anesthesia, and orthopedic surgery. Experts will give their opinion on if Erb's ailment in your child was the result of an error in medical treatment or natural cause.
Many factors can cause Erb's Palsy in a variety of ways. The most common is when a doctor uses too much force during labor and birth. This can stretch or tear the brachial plexus nerves leading to the condition. There are techniques that doctors can use to avoid this. You should consult with an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim will pay for the medical bills of your child and other expenses associated with the injury. This can help ease the financial burden and improve your child's quality of life.
Expert Witness Reports
An expert medical is required to evaluate your Erb's palsy case. They will provide their opinion on the reason for the injury, and whether or not it was due to negligence by a doctor. erb's palsy law firm clifton will also assist you to determine the extent of your injuries and how they will affect your life in the future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This occurs more often in vaginal births, however it can also occur during c-sections. The injury is caused when doctors move the baby's shoulders to ease the delivery process. The process can cause nerve damage or stretch in the armpit, leading to permanent damage.
In certain cases the injury can be corrected with surgery, but it could still cause problems. Children with this condition may not be able their hands or use their arms. This can affect their well-being, especially those who are unable engage in sports or perform daily tasks. Some people may benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to support weaker ones.
If you file a claim, your lawyer will collect the most evidence possible and send it to defendants' attorneys. The defendants then have 30 days to respond to your claim. The court will then schedule your Erb’s Palsy trial.
Documentation
Families can get compensation for the harm their children sustained through filing lawsuits for Erb's palsy. In addition, they can prevent future medical errors by holding those responsible accountable. Our lawyers are equipped with the experience and resources needed to examine the injury of your child and determine if a medical professional's negligent actions caused the injury.
One of the most frequent instances of medical malpractice causing Erb's syndrome 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 incorrect use of vacuum extractors or forceps or a prolonged labor that results in stress on a baby's shoulders and head or shoulder dystocia.
Some babies with Erb’s palsy will recover completely and be able to move their arms normally again. Some babies suffer permanent nerve damage, and may be disabled for the rest of their lives. Thankfully, most cases of Erb's Palsy are preventable and a result of medical mistakes during labor and delivery.
Our attorneys will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions and other medical documents. Expert opinions are also provided. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case to trial if needed.
Trial preparation
The final step in pursuing compensation for injuries to the brachial plexus suffered by children is to present arguments before a jury or judge. Your Erb's palsy lawyer will attempt to establish that the healthcare professional did not act reasonably in a specific set of circumstances, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.
In most cases, the parties reach an agreement before the trial. The aim of the settlement is to satisfy both parties' interests and stop the lawsuit. The plaintiffs will receive a lump sum of money and the lawsuit will come to an end. The amount of compensation depends on the severity and medical needs of the injury.
Children with brachial-plexus injuries have to face huge costs and often struggle to cover the costs. A lawsuit for Erb's psy can provide financial compensation to families that may need to pay for treatment costs for their children's ailments. It can also cover lost wages if the injury impacts a child's ability to work. Additionally, it can help deal with the emotional and physical stress of living with an injury that can alter the course of life. An experienced family lawyer who has expertise in Erb's palsy can help families get the damages they deserve.