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Erb’s Palsy Litigation

Children suffering from Erb’s palsy may receive compensation for future medical expenses and treatment. These funds can also assist 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

If a child is affected by Erb’s palsy, it can be devastating for their family. The condition can cause swelling and pain that can make it difficult for children to do basic tasks like playing sports or putting on their shirt. A lawsuit filed by a knowledgeable Erb’s palsy lawyer could help families get compensation for their losses.

The first step to filing a claim for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. These experts will offer their opinion on whether erb’s palsy attorney Palsy in your child is due to an error in medical treatment or natural cause.

Erb’s Palsy can be caused by a variety of causes. Most often, a doctor is prone to using too much force during labor and delivery. This can cause stretching or tears to brachial nerves and cause the condition. There are fortunately, specific techniques that physicians can use to prevent this from happening. You should consult with an attorney immediately 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 related to the injury. This can ease the financial burden and enhance your child’s quality of life.

Expert witness reports

A medical expert will be required to look over your case of Erb’s palsy and give a final opinion on what caused the injury and if it was due to negligence by a doctor. The expert can also help you determine the severity of your injuries and how they might impact your future.

Erb’s Palsy can be caused by birth trauma to the brachial plexus. This is more common in vaginal births but can happen during c-sections. The injury is often caused by doctors who have to move a baby’s shoulders around to facilitate the delivery. The process can stretch and tear the nerves in the armpit creating permanent damage.

In some cases the injury may be corrected through surgery, but it can still cause issues. Children suffering from this condition may not be able use their arms or raise their hands. This could be detrimental to their living quality and can hinder them from participating in sports or carrying out everyday tasks. Some people may benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to help weaker ones.

If you file a claim, your lawyer will gather as much evidence as possible and send it to defense attorneys of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.

Documentation

Erb’s palsy lawsuits assist families to receive compensation for their children’s injuries. They can also stop further medical errors by holding accountable parties liable. Our lawyers are equipped with the experience and resources needed to investigate your child’s injury and determine if the negligence of a medical professional caused it.

One of the most frequent instances of medical malpractice causing Erb’s Palsy is when a doctor puts too hard on a baby’s head, neck, arms, or shoulders during labor and delivery. This could be due the incorrect use of vacuum extractors or forceps or a prolonged labor that causes stress on a baby’s head and shoulders or shoulder dystocia.

Some children with Erb’s Palsy recover completely and can move their arms again. Some babies are permanently affected by nerve damage, and may be disabled for the rest of their lives. Most cases of Erb’s palsy can be avoided and are caused by medical negligence during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins after the lawsuit has been filed. This will include depositions as well as additional medical documents, and expert opinions. The majority of Erb’s palsy lawsuits result in settlement, but we’re prepared to take your case all the way through trial if necessary.

Trial preparation

The final step in pursuing compensation for a child’s plexus brachial injury is presenting arguments before a jury or judge. Your Erb’s palsy lawyer will try to establish that the healthcare professional failed to behave in a reasonable manner under a particular situation, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.

In the majority of instances, the parties reach an agreement before the trial. This is done to satisfy the needs of both sides and bring the lawsuit to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of the compensation is contingent upon the severity of the injury and how much medical treatment is needed in the future.

Children who suffer from brachial plexus injuries often struggle to pay for the expenses. A lawsuit for Erb’s Palsy can offer financial compensation to families who are likely to pay for medical expenses related to their children’s ailments. It can also cover lost wages, if the injury can affect a child’s future capacity to work. Additionally, it can help cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced Erb’s palsy attorney can help families pursue the damages they deserve.