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Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can help families cope emotionally with the trauma of birth.
Your lawyer will review your medical records to determine the value of your case. The lawsuit is filed and Erb's Palsy Attorney defendants have 30 days to respond.
Medical Records
It can be devastating to the family of a child who has the condition Erb's - Palsy. The condition can cause swelling and pain that can make it difficult for a child to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families in obtaining compensation for their losses.
The first step in submitting the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through 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 paralysis was the result of an error by a doctor or due to natural causes.
Erb's Palsy may be caused by a variety of causes. Most often, a doctor will use too much force when they perform labor and delivery. This can stretch or tear brachial nerves and cause the condition. Fortunately, there are specific methods that doctors can employ to stop this from occurring. You should contact an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful claim could help pay for medical bills and 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 professional will be required to evaluate your Erb's palsy case and give a final opinion on what caused the injury and whether it was due to the negligence of a doctor. The expert can also help determine how serious your injuries are and how they could affect your future.
Erb's Palsy is caused by a birth injury to the brachial plexus. It is more common during vaginal births but may also occur during c-sections. This type of injury occurs when doctors move the shoulders of a newborn in order to facilitate delivery. The process can cause nerve damage or stretch in the armpit, causing long-term damage.
In certain instances, the injury can be repaired with surgery, but it may still cause issues. Children with this condition may not be able to lift their hands or use their arms. This can impact their quality of life, particularly those who are unable engage in sports or perform daily tasks. Certain people might benefit from muscle transfers, Erb's palsy attorney in which surgeons insert stronger tendons or muscles to support weaker ones.
When you file a claim, your lawyer will gather as much evidence as possible and submit it to the attorneys for the defendants. The defendants have 30 days to respond. Following this the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Families can get compensation for the harm they suffered as children by filing lawsuits against Erb's Palsy. In addition, they can prevent future medical errors by holding the accountable parties accountable. Our lawyers have the experience and resources needed to investigate your child's injuries and determine whether the negligence of a medical professional caused the injury.
One of the most common instances of medical malpractice causing Erb's syndrome 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 incorrect use of forceps or vacuum extractors or a prolonged labor that puts stress on the baby's shoulders and head, or shoulder dystocia.
Some babies with Erb’s palsy recover completely and will be able to move their arms again. 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 a result of medical inattention during labor and birth.
Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all medical documents and evidence. After the lawsuit is filed, the process of discovery will begin. This includes depositions, further medical documents, as well as expert opinions. The majority of cases filed against Erb's & Palsy are settled, but we will go to trial if necessary.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus in children is to make arguments before a judge or jury. Your Erb's palsy lawyer will attempt to show that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.
In the majority of instances, the parties reach an agreement prior to trial. The intention is to satisfy both parties' interests and also to close the case. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of money awarded will depend on the severity and medical requirements of the injury.
Children with brachial plexus injuries are faced with significant costs and often struggle to cover them. A lawsuit against Erb's Palsy can offer financial compensation for families who might have to incur expenses in treating their children's condition. It can also cover lost earnings, if the injury affects a child's future ability to work. In addition, it helps alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb's palsy attorney will assist families in pursuing the damages they are entitled to.
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