Erb's Palsy Litigation
A child with erb's palsy could be eligible for compensation to cover treatment and future medical expenses. The funds could also help families deal with the emotional trauma of this birth injury.
Your lawyer will review your medical records and determine the value your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
When a child suffers from Erb's palsy, it could be devastating for their entire family. The condition can cause pain, swelling and impairment that can hinder a child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's Palsy lawyer can help families recover compensation for their losses.
The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will provide their opinion on whether the child's Erb's ailment was the result of the error of a doctor or due to natural causes.
A variety of factors can trigger Erb's Palsy in a variety of ways. The most frequent cause is when a doctor uses excessive force during labor and delivery. This can tear or stretch brachial nerves causing the condition. Fortunately, there are erb's palsy lawyer baldwin park that physicians can employ to stop this from occurring. It is recommended to speak with an attorney immediately if your child was diagnosed with this birth defect. A successful lawsuit could assist in paying for medical expenses and other expenses relating to the injury. This can alleviate financial burdens and improve your child's quality of life.
Expert witness reports
A medical professional will be required to look over your case of Erb's palsy and give a final opinion on what caused the injury and whether it was caused by the negligence of a doctor. The expert will also be able to help you determine the severity of your injuries and how they may impact your future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more common during vaginal births but can happen during c-sections. This injury happens when doctors move the shoulders of a newborn to ease delivery. The process can stretch or tear the nerves in the armpit, leading to permanent damage.
In certain instances the injury may be corrected through surgery, but it could still cause issues. Children who suffer from this condition might not be able to raise their hands or use their arms. This could impact their quality of life, particularly when they are unable to play sports or do everyday tasks. Some people may benefit from muscle transfers, in which surgeons implant stronger tendons or muscles to help weaker ones.
Your lawyer will collect as many evidence as you can and then send it to the lawyers of the defendants. The defendants have 30 days to respond. After that, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits assist families obtain compensation for injuries to their children. Additionally, they help prevent future medical errors by holding the accountable parties accountable. Our lawyers have the knowledge and resources to thoroughly examine your child's medical history and determine if the negligence of a medical professional led to the brachial plexus injury.
Erb's Palsy is often caused by a doctor pulling too hard on the baby's neck, head, or shoulders during the birth. This can be caused by the incorrect use of vacuum extractors. It can also be the result of a prolonged labor that puts stress on the baby's shoulders and head.
A few babies who suffer from Erb's paralysis can fully recover and be able to move their arms normally again. However, some babies suffer permanent nerve damage and will suffer from disability for the remainder of their lives. Fortunately, the majority of cases of Erb's Palsy can be prevented and are the result of medical mistakes during labor and delivery.
After the medical records and other evidence have been obtained, our lawyers will bring a lawsuit against the defendants, which is typically the hospital or doctor who was involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions, additional medical documents, and expert opinions. The majority of Erb's palsy lawsuits result in settlement, however we are 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 evidence before a jury or judge. Your Erb's ailment lawyer will try to establish that the healthcare provider failed to act reasonable in a certain set of circumstances. The attorneys representing the defendant will try to convince a jury or judge that they acted in a reasonable manner.
In most cases, the parties come to an agreement before the trial. This is designed to satisfy the needs of both parties and bring the litigation to a close. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of compensation is based on the severity the injury and the amount of medical care is required in the future.
Children with brachial plexus injuries are faced with significant expenses and often have to pay for them. Financial compensation from an Erb's palsy lawsuit can help families with the expenses they may incur for treating their children's condition. It can also cover lost earnings, if the injury can affect a child's future capacity to work. It can also help cover the physical and emotional stress of living with a life-altering birth injury. A family attorney who has experience with Erb's Syndrome can help families get the damages they are entitled to.