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A child who has erb's syndrome may receive compensation to cover medical treatment and future expenses. These funds can also assist families deal with the emotional trauma of this birth injury.
Your lawyer will review your medical documents to determine the merits of your case. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
If a child is affected by Erb's palsy, it could be devastating for the family. The condition can cause swelling and pain that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. A lawsuit filed by a seasoned erb's palsy lawsuit palsy lawyer could help families get compensation for their losses.
The first step to file a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review the documents and may need consult with experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. These experts will provide their opinion on whether the child's Erb's paralysis was caused by the error of a doctor or due to natural causes.
Many factors can cause Erb's palsy. The most common reason is when a doctor applies too much force during labor and birth. This can cause strain or tear to brachial nerves and cause the condition. There are methods that doctors can employ to avoid this. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. The money you receive from a successful claim will help pay for the medical bills of your child as well as other expenses related to the injury. This can help alleviate financial burdens and improve your child's overall quality of life.
Expert witness reports
A medical expert will be needed to review your Erb's palsy case and provide a verdict on what caused the injury and whether it was due to the negligence of a doctor. The expert will also help you determine how serious your injuries are and how they may impact your future.
Erb's Palsy is caused by a birth injury to the brachial plexus. It is more prevalent in vaginal births however it can occur during c-sections. The injury is often caused when doctors must move a baby's shoulders to facilitate the delivery. The process may cause nerve damage or stretch in the armpit, causing long-term damage.
The injury can sometimes be corrected by surgery, but can still cause complications. Children with this type of injury may not be able use their arms or raise their hands. This can impact their quality of life, especially those who are unable play sports or do everyday tasks. Some people can benefit from a procedure called muscle transfer in which surgeons place stronger muscles or tendons that support weaker ones.
Your lawyer will collect as any evidence as you can, and send it to the attorneys 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 receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. They can also stop further medical errors by holding responsible parties accountable. Our lawyers have the experience and resources to thoroughly investigate your child's situation and determine if an error by a medical professional led to his or her brachial plexus injury.
One of the most common instances of medical malpractice that causes Erb's syndrome is when a doctor pulls too hard on a baby's head neck or shoulders during labor and birth. This may be due to the incorrect use of vacuum extractors or forceps, a long labor that 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 in a normal way. However, some babies suffer permanent nerve damage and will suffer from disability for erb's Palsy Lawsuits the duration of their lives. Fortunately, the majority of cases of Erb's syndrome are preventable and result of medical inattention during labor and birth.
Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all the medical records and evidence. After the lawsuit is filed, the process of discovery will begin. This includes depositions as well as additional medical documents. Expert opinions are also included. Most Erb's palsy lawsuits end with a settlement, but we are prepared to take your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for a child's plexus brachial injury is presenting arguments to a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional did not behave in a reasonable manner under a particular situation, 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 come to an agreement prior to trial. The intention is to satisfy both parties' interests and stop the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of compensation will depend on the severity of the injury and how much medical care is required in the future.
Parents of children suffering from brachial plexus injuries face significant costs and often struggle to cover these costs. A lawsuit against Erb's Palsy can offer financial compensation for families who might have to pay for treatment costs for their children's ailments. It can also cover lost wages if the condition impacts a child's ability to work. It can also help alleviate the physical and emotional stress of having an injury that has an enormous impact on the life of a child. An experienced family lawyer who has experience in the field of Erb's Palsy will help families get the damages they are entitled to.
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