Erb's Palsy Litigation
A child who has erb's syndrome may be eligible for compensation to pay for medical treatment and future expenses. The funds could also help families deal with the emotional trauma caused by this birth injury.
Your lawyer will scrutinize your medical documents to determine the merits of your case. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
It can be devastating for a family when a child has Erb's Palsy. The condition can cause pain and swelling that can make it difficult for children to complete basic tasks such as playing sports or putting on their shirt. A lawsuit filed by an experienced Erb's Palsy lawyer can help families receive compensation for their losses.
The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics, anesthesia and orthopedic surgery. These experts will offer their opinion on whether the Erb's Palsy in your child was caused by an error in medicine or natural causes.
Erb's palsy can be caused by a variety of causes. Most commonly, a doctor may use excessive force during labor and delivery. This can cause strain or tears to the brachial plexus nerves, which can cause the condition. There are a variety of techniques doctors can employ to prevent this. If your child has been diagnosed with this birth injury, it is important to get in touch with a lawyer immediately to make a claim. A successful claim can aid in the payment of medical bills and other costs related to the injury. This could ease your child's financial burden and improve their life quality.
Expert Witness Reports
An expert medical is required to evaluate your Erb's palsy case. They will provide their opinion about what caused the injury and whether it was caused by negligence by a physician. The expert will also help you determine the extent of your injuries and how they will affect your future life.
Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more prevalent during vaginal births, but can also happen during c-sections. The injury is typically caused when doctors have to move a baby's shoulders to facilitate the delivery. The process can stretch and tear the armpit's nerves creating permanent damage.
In some cases the injury can be corrected through surgery, but it may still cause problems. Children suffering from this condition may not be able raise their hands or use their arms. This could affect their health, especially those who are unable perform everyday tasks. Certain people may benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons in order to support the weaker ones.
Your lawyer will collect as many evidence as you can and then send it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.
Documentation
Families can claim compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They also help prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the knowledge and resources 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 causing Erb's palsy is when a doctor pulls too hard on a baby's head neck or shoulders during labor and delivery. This could be due to the improper use of forceps or vacuum extractors as well as a long labor which results in stress on a baby's head and shoulders, or shoulder dystocia.
Some children with Erb's Palsy recover completely and can move their arm normally again. Some babies sustain permanent nerve damage, and will be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's paralysis can be prevented and are the result of medical mistakes during labor and delivery.
Once the medical records and other evidence are taken into consideration, our lawyers will bring a lawsuit against the defendants, typically the hospital or doctor that was involved in your child's birth. After the lawsuit is filed, the process of discovery will begin. This includes depositions, additional medical records, and expert opinions. The majority of Erb's Palsy lawsuits end with a settlement, but we're ready to take your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for a child's brachial plexus injury is presenting evidence before a jury or judge. Your Erb's palsy lawyer is going to try to establish that the healthcare professional did not act reasonably in a specific scenario, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.
Typically, the parties reach a settlement before trial. The aim of the settlement is to satisfy both parties' needs and to end the lawsuit. erb's palsy attorney chico will receive the money in a lump sum and the lawsuit will close. The amount of money awarded is based on the severity the injury and the amount of medical care will be needed in the future.
Children who suffer from brachial plexus injuries frequently struggle to cover the costs. A lawsuit involving Erb's palsy could offer financial relief to families that may need to pay for the treatment of their children's ailments. It could also help cover the loss of wages if the injury affects a child's future ability to work. It can also help alleviate the emotional and physical stress of dealing with an injury that has an immense impact on a child's life. An experienced Erb's palsy attorney can help families pursue the damages they are entitled to.