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A child suffering from erb's paralysis could be eligible for compensation to cover the cost of treatment and future medical expenses. The funds could also help families deal with the emotional stress of this birth injury.
Your lawyer will review your medical records and determine the value your case is worth. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
It can be devastating to families when a child suffers from Erb's palsy. The condition can cause pain, swelling and disability that can affect the child's ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can assist families recover compensation for their losses.
The first step in filing the medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's paralysis was the result of an error made by a doctor, or due to natural causes.
Many factors can cause Erb's paralysis in various ways. Most commonly, a doctor may use too much force during labor and delivery. This can stretch or tear brachial nerves and trigger the condition. There are strategies that doctors can use to avoid this. You should consult with an attorney right away if your child was diagnosed with this birth defect. A successful lawsuit could be able to pay for medical bills and other costs related to the injury. This could help ease the financial burden of your child and improve the quality of their life.
Expert witness reports
A medical professional is required to evaluate your Erb's palsy case and give a final opinion on what caused the injury and if it was due to negligence of a physician. The expert will also help you determine the extent of your injuries and how they could impact your life in the future.
Erb's Palsy is caused by a birth injury to the brachial plexus. It is more common in vaginal births, however it may also occur during c-sections. The injury usually occurs when doctors have to move the baby's shoulders in order to facilitate the delivery. The process can pull or tear the nerves in the armpit, causing long-term damage.
The injury is sometimes repaired with surgery, but it could cause complications. Children who suffer from this condition may not be able to use their arms or raise their hands. This can impact their quality of life, particularly when they are unable play sports or do everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to help weaker ones.
When you file a claim your lawyer will collect as much evidence as they can and Erb's palsy lawsuits present it to defendants' attorneys. The defendants then have 30 days to respond to your claim. After that, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can claim compensation for the harm their children sustained through filing Erb's Palsy lawsuits. They can also stop further medical errors by holding responsible parties liable. Our lawyers have the knowledge and resources to fully investigate your child's case and determine whether an error by a medical professional led to his or her brachial plexus injury.
One of the most common instances of medical malpractice causing Erb's syndrome is when a doctor puts too hard on a baby's head, neck or shoulders during labor and delivery. This could be due the incorrect use of vacuum extractors or forceps as well as a long labor which creates stress on a baby's head and shoulders or shoulder dystocia.
Some babies suffering from Erb's palsy will fully recover and be capable of moving their arms normal. Some babies suffer permanent nerve damage and will be disabled for the rest of their lives. The majority of cases of Erb's palsy can be prevented and result from medical negligence during labor and birth.
After the medical records and other evidence have been taken into consideration, our lawyers will file a lawsuit against the defendants, typically the doctor or hospital involved in your child's birth. After the lawsuit is filed, the process of discovery will begin. This will include depositions as well as additional medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case all the way through trial if necessary.
Trial preparation
The final step to pursue compensation for brachial-plexus injuries in children is to present evidence before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonably.
In the majority of cases, the parties come to an agreement before trial. This is designed to satisfy the interests of both parties and bring the lawsuit to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of money awarded is based on the severity the injury and how much medical care will be needed in the future.
Parents of children with brachial plexus injuries face significant expenses and often have to cover the costs. Financial compensation from an Erb's psy suit can aid families in paying for the costs they may incur to treat their children's condition. It also assists with the loss of wages if the injury impacts the ability of a child to work in the future. It can also assist in easing the emotional and physical stress of living with an injury that can have a profound impact on the life of a child. An experienced attorney from Erb's palsy can assist families in pursuing the damages they are entitled to.
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