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A child suffering from erb's paralysis might be eligible to receive compensation for future medical costs and treatment. These funds can also assist families cope with the emotional trauma that comes from this birth injury.
Your lawyer will examine your medical documents to determine the merits of your case. They will then file the lawsuit and give the defendants 30 days to respond.
Medical Records
If a child has Erb's syndrome, it can be devastating for their family. The condition can cause pain, swelling and disability that may affect the ability of a child to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.
The first step to filing an action for erb's palsy lawyer medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may have to consult experts in obstetrics or anesthesia, and orthopedic surgery. Experts will give their opinion on if Erb's ailment in your child is due to an undiagnosed medical issue or natural causes.
Erb's palsy can be caused by many factors. Most often, doctors will use too much force during labor and delivery. This can cause stretching or tears to the brachial nerves, which can cause the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. It is recommended to speak with an attorney right away if 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 and other expenses associated with the injury. This can reduce the financial burden and improve your child's overall quality of life.
Expert witness reports
A medical professional will be required to look over your Erb's case and provide an opinion on the cause of the injury and if it was caused by negligence by a doctor. The expert will also assist you to determine the severity of your injuries and how they may impact your life in the future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more prevalent during vaginal births but may also occur during c-sections. This injury occurs when doctors move the shoulders of a baby to facilitate delivery. The process may cause nerve damage or stretch in the armpit, which can cause permanent damage.
The injury is sometimes repaired with surgery, but it may cause complications. Children with this condition may not be able to raise their hands or use their arms. This can have a negative impact on their daily living and, in particular, if it stops them from playing sports or doing the everyday chores. Some people are able to benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons to support the weaker ones.
If you file a claim, your lawyer will gather as much evidence as they can and present it to defense attorneys of the defendants. The defendants will then have 30 days to respond to your claim. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits help families get compensation for injuries sustained by their children. In addition, they can prevent future medical errors by holding those responsible accountable. Our lawyers have the resources and experience to investigate your child's injury and determine if a medical professional's negligent actions caused the injury.
Erb's spalsy can be caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during delivery. This could be due to the improper use or vacuum extractors. It can also be the result of a prolonged labor that puts stress on the baby's shoulders and head.
Some children with Erb's Palsy recover completely and can move their arm in a normal way. Some babies sustain permanent nerve damage and will be disabled for the rest of their lives. Fortunately, the majority of cases of Erb's palsy are preventable and the result of medical carelessness during labor and delivery.
Our lawyers 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 documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, further medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, 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 brachial plexus injury is presenting arguments to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The attorneys representing the defendant will attempt to convince a judge or jury that they acted reasonably.
In most cases, the parties reach an agreement before the trial. The settlement is intended to satisfy both parties' needs and also to close the case. The plaintiffs will receive an amount in one lump sum and the lawsuit will be closed. The amount of money awarded will depend on the severity of the injury and how much medical treatment will be required in the future.
Parents of children who suffer from brachial plexus injuries face significant costs and often struggle to cover the costs. The financial compensation offered by an Erb's Palsy lawsuit may help families pay for the expenses they may incur to treat their children's condition. It can also pay for lost earnings, if the injury hinders a child's ability to work. In addition, it helps cover the physical and emotional stress of living with a life-altering birth injury. A family attorney who has expertise in Erb's palsy can help families receive the compensation they are entitled to.
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