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Children who suffer from Erb's Palsy could receive compensation for future medical expenses and treatment. These funds can also assist families cope with the emotional trauma that comes from this birth injury.
Your lawyer will go through your medical records and determine how much your case is worth. 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 their families. The condition can cause pain, swelling and disability that could affect a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.
The first step to file the medical malpractice claim is to gather evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through the documents and may have consult with experts in obstetrics or anesthesia, and orthopedic surgery. These experts will offer their opinions on whether Erb's Palsy Law Firms palsy in your child is due to a medical error or natural causes.
Erb's Palsy may be caused by a variety of factors. The most common reason is when a physician uses excessive force during labor and delivery. This can stretch or tear the brachial plexus nerves, which can cause the condition. There are strategies that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, you must get in touch with a lawyer immediately to make a claim. The money you receive from a successful claim will help pay for the medical bills of your child as well as other costs associated with the injury. This could reduce the financial burden of your child and enhance their life quality.
Expert witness reports
A medical expert will be required to look over your case of Erb's palsy and give a final opinion on what caused the injury and if it was caused by negligence of a physician. The expert will also be able to help you determine how serious your injuries are and how they might impact your future.
Erb's Palsy can be caused by birth injuries to the brachial plexus. This occurs more often during vaginal births, but can also happen during c-sections. This type of injury occurs when doctors move the baby's shoulders to facilitate delivery. The procedure can tear and stretch the armpit nerves which can cause permanent damage.
In some cases the injury may be treated with surgery, but it could still cause problems. Children who suffer from this condition might not be able to lift their hands or use their arms. This could affect their daily living, especially if it prevents them from playing sports or doing the everyday chores. Some people are able to benefit from muscle transfer surgeries, in which surgeons implant stronger muscles or tendons to support the weaker ones.
When you file a claim, your lawyer will collect as much evidence as possible and present it to attorneys for the defendants. The defendants then have 30 days to respond to your claim. After this the court will then schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's lawsuits for palsy help families obtain compensation for their children's injuries. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the knowledge and resources to fully investigate your child's situation and determine if the negligence of a medical professional led to his or her brachial plexus injury.
Erb's palsy may be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during the delivery. It can be caused by the improper use of vacuum extractors. It can also be the result of a long labor causing stress on the baby's shoulders and head.
Some children with Erb's Palsy can fully recover and be capable of moving their arms in a normal way. Some babies develop permanent nerve damage, and may be disabled for the rest their lives. Thankfully, the majority of cases of Erb's paralysis can be prevented and are the result of medical negligence during labor and delivery.
Once the medical records and other evidence is collected, our attorneys will file a lawsuit against the defendants, typically the doctor or hospital involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This will include depositions as well as additional medical documents, as well as expert opinions. Most cases involving Erb's palsy are settled, but we will go to trial if it is necessary.
Trial preparation
The final step of pursuing compensation for a child's brachial nerve injury is to present arguments before a jury or judge. Your Erb's palsy lawyer will attempt to prove that the healthcare professional failed to act in a reasonable way under a specific situation, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.
In most cases, the parties come to an agreement prior to trial. This is done to satisfy the needs of both parties and bring the lawsuit to an end. The plaintiffs will receive an amount in one lump sum and the lawsuit will be closed. The amount of the compensation depends on the severity of the injury and the amount of medical treatment will be required in the future.
Parents of children with brachial plexus injuries are faced with significant expenses and often have to cover the costs. A lawsuit against Erb's Palsy could provide financial compensation to families who are likely to pay for medical expenses related to their children's condition. It can also cover lost wages if the injury impacts a child's ability to work. In addition, it helps alleviate the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced erb's palsy attorney-Palsy attorney will assist families in pursuing the compensation they deserve.
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