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Erb's Palsy Litigation
A child with erb's palsy might be eligible to receive compensation for treatment and future medical expenses. These funds can also assist families cope with the emotional trauma of this birth injury.
Your lawyer will examine your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
It can be devastating for a family when a child suffers from Erb's palsy. The condition can cause pain and swelling, which can make it difficult for children to do basic tasks like playing sports or buttoning their shirt. An experienced Erb's Palsy lawyer can assist families in obtaining compensation for their losses.
The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will provide their opinion on whether your child's Erb's ailment was caused by the error of a doctor or due to natural causes.
Many factors can cause Erb's paralysis in various ways. The most common reason is when a doctor applies excessive force during labor and delivery. This can stretch or tear the brachial plexus nerves, leading to the condition. There are fortunately, specific techniques that physicians can use to prevent this from happening. You should contact an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim can be used to pay the medical bills of your child and other expenses related to the injury. This can reduce the financial burden of your child and enhance the quality of their life.
Expert Witness Reports
A medical professional is required to review your Erb’s palsy case. They will offer their opinion on the cause of the injury and whether it was due to negligence by a physician. The expert will also be able to help you determine the severity of your injuries and how they might affect your future.
Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more prevalent in vaginal births, however it can also occur during csections. This injury occurs when doctors move the shoulders of a baby to facilitate delivery. The process can strain and tear the nerves of the armpit creating permanent damage.
In some instances injuries can be corrected with surgery, but it could still cause problems. Children who suffer from this condition may not be able to use their arms or raise their hands. This can negatively impact their living quality and, in particular, if it stops them from playing activities or doing everyday tasks. Certain people might benefit from muscle transfers, in which surgeons place stronger tendons or muscles to help weaker ones.
When you file a claim, your lawyer will gather as much evidence as is possible and submit it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.
Documentation
Erb's lawsuits for palsy help families receive compensation for injuries sustained by their children. They can also stop further medical errors by holding responsible parties accountable. Our lawyers have the experience and resources to thoroughly examine your child's case and determine whether negligence by a medical professional contributed to his or her brachial plexus injury.
Erb's Palsy is often caused by a doctor pulling too hard on the baby's neck, head, or shoulders during delivery. This could be due to the incorrect use of vacuum extractors or forceps as well as a long labor which creates stress on a baby's shoulders and head, or shoulder dystocia.
Some babies suffering from Erb's palsy can fully recover and be able to move their arms normally again. But, others suffer permanent nerve damage and will be disabled for the duration of their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and result of medical negligence during labor and delivery.
Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process starts after the lawsuit has been filed. This will include depositions as well as additional medical documents, and expert opinions. The majority of cases filed against Erb's & Palsy are settled, but we will go to trial if needed.
Trial preparation
The final step to pursue 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 act reasonable in a certain set of circumstances. erb's palsy law firm college station representing the defendant will try to convince a judge or jury that they were able to act in a reasonable manner.
In the majority of cases, the parties come to an agreement before the trial. The settlement is intended to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will end. The amount of money awarded is contingent upon the severity of the injury and how much medical treatment is needed in the future.
Families with children who have brachial-plexus injuries are often unable to pay for the expenses. The financial compensation offered by an Erb's Palsy lawsuit may help families with the expenses they could incur in order to treat their children's illness. It can also cover lost earnings, if the injury impacts a child's ability to work. It can also help cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced Erb's palsy attorney can help families pursue the compensation they deserve.