Erb's Palsy Litigation
A child with erb's palsy may be eligible for compensation to pay for future medical costs and treatment. These funds can aid families to cope with this birth injury.
Your lawyer will examine your medical records and determine the value your case is worth. The lawsuit is 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 the family. The condition can cause pain, swelling and impairment that can hinder the child's ability to use their hands for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.
The first step in submitting a medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics, anesthesia and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's ailment was caused by an error by a doctor or due to natural causes.
A variety of factors can trigger Erb's palsy due to a variety of causes. Most often, a doctor is prone to using too much force when performing labor and delivery. This can tear or stretch the brachial nerves, which can cause the condition. Fortunately, there are specific techniques that physicians can use to prevent this from occurring. If your child has been diagnosed with this birth injury, you should seek out a lawyer as soon as possible to make a claim. Compensation from a successful claim can help pay for the medical bills of your child and other expenses related to the injury. This can help reduce the financial burden and improve your child's overall quality of life.
Expert Witness Reports
A medical professional will be required to evaluate your Erb's palsy case and give a final opinion on the cause of the injury, and if it was caused by negligence of a physician. The expert can also help you determine the severity of your injuries and how they might impact your future.
Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common during vaginal births, but can occur during c-sections. This type of injury occurs when doctors move the baby's shoulders to ease the delivery process. The procedure can tear and stretch the nerves of the armpit creating permanent damage.
In some instances the injury can be corrected with surgery, but it may still cause problems. Children who suffer from this condition might not be able their hands or use their arms. This could have a negative impact on their quality of living, especially if it prevents them from participating in sports or performing everyday tasks. Certain people might benefit from muscle transfers, in which surgeons place stronger tendons or muscles to support weaker ones.
Your lawyer will collect as many evidence as you can and forward it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb's Palsy trial.
Documentation
Families can seek compensation for the harm their children sustained through filing lawsuits against Erb's Palsy. In addition, they can stop future medical errors from occurring by holding the responsible parties accountable. 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 the injury.
Erb's Palsy is often caused by a doctor who pulls too hard on the baby's neck, head, or shoulders during the birth. This may be due to the improper use of vacuum extractors or forceps, a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.
Some babies suffering from Erb's palsy will fully recover and be able to move their arms again. Some babies develop permanent nerve damage, and may be disabled for the rest their lives. Fortunately, the majority cases of Erb's palsy are preventable and the result of medical negligence during labor and delivery.
Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) once they have collected all the medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions as well as additional medical documents. erb's palsy lawyer arizona are also provided. The majority of the Erb's palsy cases end with a settlement, but we are prepared to take your case to trial if needed.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus suffered by children is to present arguments before a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional did not act in a reasonable way under a specific situation, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.
Typically, the parties will come to a deal prior to trial. The settlement is intended to satisfy both parties' needs and to end the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent on the severity and medical needs of the injury.
Parents of children suffering from brachial plexus injury face substantial expenses and often have to cover them. A lawsuit involving Erb's palsy could offer financial relief to families who may have to incur expenses in treating their children's illness. It also helps cover lost earnings if the injury affects the ability of a child to work in the future. Finally, it can help to ease the emotional and physical stress of living with a life-altering birth injury. An experienced family lawyer who has experience in Erb's Palsy can help families get the damages they deserve.