Erb's Palsy Litigation
Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. These funds can also assist families deal with the emotional stress of this birth injury.
Your lawyer will look over your medical documents and determine what your case is worth. The lawsuit is filed and defendants have 30 days to respond.
Medical records
It can be devastating for families if a child has the condition Erb's - Palsy. The condition can cause pain and swelling that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. A knowledgeable Erb's-Palsy lawyer can help families receive compensation for their losses.
The first step to file an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. The attorney will review the documents and may need consult with experts in obstetrics and anesthesia and orthopedic surgery. These experts will offer their opinion on whether the Erb's Palsy in your child was due to an undiagnosed medical issue or natural cause.
Erb's Palsy can be caused by several factors. The most frequent cause is when a physician uses too much force during labor and delivery. This can cause strain or tears to the brachial nerves, leading to the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, you should seek out a lawyer as soon as possible to file a lawsuit. A successful lawsuit could assist in paying for medical expenses and other costs related to the injury. This will ease your child's financial burden and improve the quality of their life.
Expert witness reports
A medical expert will be required to look over the case of Erb's Palsy and provide an opinion on the cause of the injury, and if it was caused by negligence by a doctor. erb's palsy law firm carson can also help you determine the severity of your injuries and how they might affect your future.
Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common during vaginal births however it can occur during c-sections. The injury is usually caused by doctors who have to move a baby's shoulders to facilitate delivery. The process can cause stretching and tear to the armpit's nerves which can cause permanent damage.
The injury may be corrected by surgery, but it can cause complications. Children with this condition may not be able raise their hands or use their arms. This can affect their health, especially those who are unable play sports or do everyday tasks. Some people may benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to support weaker ones.
When you file a claim, your lawyer will gather the most evidence possible and submit it to the defendants' attorneys. The defendants have 30 days to respond. After this, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can claim compensation for the harm their children sustained by filing lawsuits for Erb's palsy. They can also stop further medical errors by holding responsible parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injury and determine if a medical professional's negligent actions caused it.
Erb's Palsy is often caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during birth. It can be caused by the incorrect use of vacuum extractors. It can be caused by prolonged labor that puts stress on the baby's shoulders and head.
Some babies with Erb’s palsy will recover completely and be able to move their arms normally again. Some babies are permanently affected by nerve damage and will be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's palsy are preventable and a result of medical carelessness during labor and delivery.
Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process starts after the lawsuit has been filed. This could include depositions, other medical documents, and expert opinions. Most cases involving Erb's palsy are settled, but we will take your case to trial if it is necessary.
Trial preparation
The final step of pursuing compensation for a child's brachial-plexus injury is to present arguments to a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional failed to act reasonably in a specific set of circumstances, while the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.
Typically, the parties settle the case prior to trial. The goal of the settlement is to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive a lump sum of money and the lawsuit will end. The amount of the compensation is based on the severity the injury and the amount of medical treatment is needed in the future.
Children who suffer from brachial-plexus injuries are often unable to pay for the costs. The financial compensation offered by an Erb's palsy lawsuit can help families pay for the expenses they might incur in treating their children's condition. It also helps to cover lost wages if an injury has a negative impact on the ability of a child to work in the future. In addition, it helps cover the physical and emotional anxiety of living with a life-altering birth injury. A family attorney with experience in the field of Erb's Palsy will help families get the damages they deserve.