Erb's Palsy Litigation
Children who suffer from Erb's Palsy could be compensated for future medical expenses and treatment. These funds can help families cope with the birth injury.
Your lawyer will go through your medical records and determine how much your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.
Medical Records
If a child is affected by Erb's syndrome, it can be devastating for their families. The condition can cause pain and swelling that can make it difficult for a child to complete basic tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.
The first step in filing the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will look over these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will offer their opinion on whether your child's Erb's paralysis was the result of an error by a doctor or due to natural causes.
A variety of factors can trigger Erb's palsy due to a variety of causes. Most commonly, a doctor will use too much force when they perform labor and delivery. This can cause strain or tears to the brachial plexus nerves which can cause the condition. Fortunately, there are specific techniques that physicians can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, you must get in touch with a lawyer immediately to make a claim. The benefits of a successful claim can help pay for the medical bills of your child as well as other costs associated with the injury. This can ease your child's financial burden and improve their quality of life.
Expert Witness Reports
A medical professional is required to look over your case of Erb's palsy and give an opinion about the cause of the injury, and if it was due to the negligence of a doctor. The expert can also help determine how serious your injuries are and how they could impact your future.
Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more frequent during vaginal births, but can also occur during c-sections. The injury is caused when doctors move the baby's shoulders to ease delivery. The process can strain and tear the nerves of the armpit which can cause permanent damage.
In certain cases the injury may be repaired with 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 can be detrimental to their daily living and, in particular, if it stops them from participating in sports or carrying out everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons and muscles to support weaker ones.
Your lawyer will collect as much evidence as you can and forward 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
Families can receive compensation for the injuries their children sustained by filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties accountable. Our lawyers have the resources and experience to examine the injury of your child and determine whether the negligence of a medical professional caused the injury.
Erb's palsy may be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during birth. It can be caused by the improper use or vacuum extractors. It could also be due to a long labor causing stress on the baby's head and shoulders.
erb's palsy lawyer lake charles who suffer from Erb's paralysis can fully recover and be capable of moving their arms normally again. However, other babies have permanent nerve damage and will be disabled for the remainder of their lives. The majority of cases of Erb's palsy can be prevented and result from medical malpractice during labor and birth.
Our attorneys will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all medical documents and evidence. The discovery process starts after the lawsuit has been filed. This includes depositions, further medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case all the way through trial if necessary.
Trial preparation
The final step in pursuing compensation for injuries to the brachial plexus suffered by children is to make arguments before a jury or judge. Your Erb's palsy lawyer will attempt to establish that the healthcare professional failed to perform their duties in a particular situation, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.
In most instances, the parties reach an agreement prior to trial. The intention is to satisfy both parties' needs and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation received will depend on the severity of the injury and how much medical care is required in the future.
Families with children suffering from brachial plexus injuries frequently struggle to cover the costs. A lawsuit for Erb's Palsy can provide financial compensation to families who are likely to pay for medical expenses related to their children's ailments. It could also help cover the loss of wages if the condition affects a child's future ability to work. It can also help to ease the emotional and physical stress of living with a life-altering birth injury. A family attorney who has experience in the field of Erb's Palsy will assist families to receive the compensation they are entitled to.