Erb's Palsy Litigation
Children suffering from Erb's 'Pasty' can receive compensation for future medical expenses and treatment. These funds can also help families cope with the emotional trauma of this birth injury.
Your lawyer will go through your medical records to determine the worth of your case. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
When a child suffers from Erb's Palsy, it can be devastating for the family. The condition can cause swelling and pain, which can make it difficult for a child to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families to receive compensation for their losses.
The first step in filing an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics, anesthesia and orthopedic surgery. Experts will offer their opinions on whether your child's Erb's paralysis was caused by an error made by a doctor, or due to natural causes.
Erb's Palsy is caused by a variety of causes. The most common is when a doctor uses excessive force during labor and birth. This can stretch or tear the brachial plexus nerves which can cause the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. It is important to contact an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful lawsuit could help pay for medical bills and other costs related to the injury. This can help alleviate financial burdens and enhance your child's quality of life.
Expert Witness Reports
A medical professional will be required to examine your Erb's palsy case and provide a verdict on what caused the injury and if it was caused by negligence by a doctor. The expert can also help determine how serious your injuries are and how they will affect your future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more common during vaginal births, but may also occur during c-sections. The injury usually occurs when doctors have to move the baby's shoulders to facilitate delivery. The process can strain and tear the nerves of the armpit and cause permanent damage.
The injury can sometimes be repaired through surgery, but can still cause complications. Children with this type of injury may not be able use their arms or raise their hands. This could be detrimental to their living quality particularly if it hinders them from participating in sports or performing everyday tasks. Some people can benefit from muscle transfer surgery that involve the surgical placement of stronger muscles or tendons that support the weaker ones.
When you file a claim your lawyer will collect as much evidence as is possible and then submit it to lawyers of the defendants. The defendants will then have 30 days to respond to your claim. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can seek compensation for the injuries their children sustained by filing lawsuits against Erb's Palsy. Additionally, they help prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the experience and resources to fully examine your child's case and determine whether an error by a medical professional led to the 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 birth. This could be due to the improper use or vacuum extractors. It could also be the result of a long labor, which causes stress to the baby's shoulders and head.
Some babies with Erb’s palsy recover completely and will be capable of moving their arms again. Some babies are permanently affected by nerve damage and will be disabled for the rest their lives. Thankfully, most cases of Erb's Palsy are preventable and a result of medical inattention during labor and birth.
Our lawyers 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. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, further medical records, and expert opinions. The majority of Erb's Palsy lawsuits are settled, but we can bring your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for a child's brachial plexus injury is to present your case to a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional failed to behave in a reasonable manner under a particular scenario, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional was acting reasonably.
Typically, the parties agree to a settlement prior to trial. This is designed to satisfy the desires of both sides and bring the case to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of the compensation is based on the severity the injury and the amount of medical care will be needed in the future.
Parents of children who suffer from brachial plexus injury face substantial costs and often struggle to cover these costs. erb's palsy lawsuit deltona for Erb's psy could provide financial compensation to families who may have to pay for treatment costs for their children's condition. It can also cover lost wages if the injury hinders a child's ability to work. It also helps to ease the physical and emotional stress of having an injury that can have an impact that is profound on the life of a child. An experienced Erb's palsy attorney can help families pursue the damages they are entitled to.