Erb's Palsy Litigation
A child with erb's palsy could be eligible for compensation to cover treatment and future medical expenses. These funds can also help families cope with the emotional trauma of this birth injury.
Your lawyer will go through your medical documents and determine what your case is worth. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
If a child has Erb's palsy, it can be devastating for the family. The condition can cause pain, swelling and disability that may affect a child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families to receive compensation for their losses.
The first step to filing an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. These experts will give their opinion on whether the child's Erb's paralysis was the result of the error of a doctor or due to natural causes.
Erb's Palsy can be caused by several factors. Most often, a doctor will use too much force when performing labor and delivery. This can tear or stretch brachial nerves, causing the condition. There are methods that doctors can use to avoid this. You should consult with an attorney as soon as your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit can be used to pay the medical bills of your child as well as other expenses related to the injury. This could reduce the financial burden of your child and improve the quality of their life.
Expert witness reports
A medical expert will be needed to review the case of Erb's Palsy and provide an opinion on the cause of the injury and whether it was due to negligence by a doctor. The expert can also help determine how serious your injuries are and how they could impact your future.
Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more frequent during vaginal births but may also occur during c-sections. The injury is usually caused by doctors who have to move the baby's shoulders in order to facilitate delivery. The process can stretch and tear the nerves in the armpit which can cause permanent damage.
In certain cases the injury may be corrected with surgery, but it may still cause problems. Children with this type of injury may not be able to use their arms or raise their hands. This could be detrimental to their quality of living, especially if it prevents them from playing sports or doing the everyday chores. Some people can benefit from muscle transfer surgeries in which surgeons place stronger muscles or tendons that support the weaker ones.
Your lawyer will collect as the evidence you can and then send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Families can receive compensation for the harm their children suffered by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding responsible parties accountable. erb's palsy attorney apple valley are equipped with the resources and experience to investigate the injuries of your child and determine whether a medical professional's negligent actions caused it.
One of the most common instances of medical malpractice that causes Erb's palsy is when a doctor pulls too hard on a baby's head, neck or shoulders during labor and delivery. This may be due to the incorrect use of forceps or vacuum extractors, a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.
A few babies who suffer from Erb's paralysis will recover completely and be able to move their arms normal. However, some babies have permanent nerve damage and be handicapped for the rest of their lives. Fortunately, the majority of cases of Erb's syndrome are preventable and result of medical carelessness during labor and delivery.
Our lawyers will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical records and evidence. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions and other medical records. Expert opinions are also included. Most Erb's Palsy lawsuits are settled, but we can consider bringing your case to trial if needed.
Trial preparation
The final stage of seeking compensation for a child's plexus brachial injury is presenting arguments to a judge or jury. Your Erb's ailment lawyer will try to establish that the healthcare provider did not act reasonable in a certain set of circumstances. The attorneys representing the defendant will try to convince a jury or judge that they acted reasonably.
In the majority of cases, the parties reach an agreement before trial. This is designed to satisfy the interests of both sides and bring the case to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will be closed. The amount of compensation depends on the severity and medical requirements of the injury.
Families with children suffering from brachial plexus injuries frequently struggle to pay for the costs. A lawsuit involving Erb's palsy can offer financial compensation for families who might have to pay for medical expenses related to their children's ailments. It can also pay for lost wages if the condition affects a child's future ability to work. It can also help alleviate the physical and emotional stress of dealing with an injury that can have a profound impact on the life of a child. A family attorney who has experience in Erb's Palsy can assist families in obtaining the compensation they deserve.