Erb's Palsy Litigation
Children who suffer from Erb's Palsy could receive compensation for future medical bills and treatments. These funds can help families cope emotionally with this birth injury.
Your lawyer will look over your medical documents and determine what your case is worth. The lawsuit will be filed, and the defendants will have 30 days to respond.
Medical Records
If a child has Erb's palsy, it could be devastating for their families. The condition can cause swelling, pain and impairment that can hinder a child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable lawyer for Erb's palsy will help families get compensation for the losses they have suffered.
The first step of filing a medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will provide their opinions on whether your child's Erb's paralysis was the result of a doctor's error or due to natural causes.
Erb's palsy can be caused by many factors. Most commonly, a doctor is prone to using excessive force during labor and delivery. This can cause strain or tear to brachial nerves, causing the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. It is recommended to speak with an attorney as soon as your child was diagnosed with this birth defect. The money you receive from a successful claim will pay for the medical bills of your child and other expenses associated with the injury. This can reduce the financial burden and enhance your child's quality of life.
Expert witness reports
A medical professional is needed to review your case of Erb's palsy and provide an opinion on the cause of the injury, and if it was caused by a doctor's negligence. The expert will also help you determine the extent of your injuries and how they will affect your future life.
Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more common when vaginal births are occurring, but can also happen during c-sections. This injury happens when doctors move the shoulders of a baby to facilitate delivery. erb's palsy attorney brooklyn park can pull or tear the nerves in the armpit, leading to permanent damage.
The injury can sometimes be corrected by surgery, but it can cause complications. Children who suffer from this condition might not be able to raise their hands or use their arms. This can impact their quality of life, especially if they are unable to perform everyday tasks. Some people can benefit from muscle transfer surgery in which surgeons place stronger muscles or tendons in order to support the weaker ones.
When you file a claim your lawyer will collect as much evidence as is possible and then submit it to defense attorneys of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.
Documentation
Families can seek compensation for the injuries their children sustained by filing lawsuits against Erb's Palsy. In addition, they can stop future medical errors from occurring by holding the parties responsible accountable. Our lawyers are equipped with the experience and resources needed to investigate your child's injury and determine whether a medical professional's negligent actions caused the injury.
Erb's palsy may be caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during delivery. This may be due to the improper use of forceps or vacuum extractors, a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.
Some babies with Erb's palsy recover completely and can move their arms normally. Some babies develop permanent nerve damage, and will be disabled for the rest of their lives. Most cases of Erb’s palsy can be avoided and are the result of medical negligence during labor and birth.
Once the medical records and other evidence is collected, our attorneys will begin a lawsuit against defendants, which is typically the hospital or doctor that was involved in the birth of your child. After the lawsuit is filed, the process of discovery will begin. This includes depositions and additional medical documents. Expert opinions are also provided. Most Erb's palsy lawsuits end with a settlement, but we're ready to take your case all the way through trial if necessary.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus in children is to argue before a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The lawyer representing the defendant will attempt to convince a jury or judge that they acted in a reasonable manner.
In the majority of cases, the parties reach an agreement prior to trial. The settlement is intended to satisfy both parties' needs and to end the lawsuit. 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 treatment is needed in the future.
Parents of children with brachial plexus injuries are faced with significant costs and often struggle to pay for them. Financial compensation from an Erb's psy suit can aid families in paying for the costs they may incur for treating their children's condition. It can also cover lost earnings, if the injury hinders a child's ability to work. Additionally, it can help to ease the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's palsy attorney will assist families in pursuing the compensation they deserve.