Erb's Palsy Litigation
Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can also help families cope with the emotional stress of this birth injury.
Your lawyer will examine your medical records to determine the worth of your case. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
If a child has Erb's Palsy, it can be devastating for their families. The condition can cause swelling and pain that can make it difficult for a child to complete basic tasks such as playing sports or buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can help families recover compensation for their losses.
The first step to file an action for medical malpractice is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over the documents and may need to consult experts in obstetrics or anesthesia, and orthopedic surgery. These experts will provide their opinions on whether Erb's palsy in your child is due to an error in medical treatment or natural causes.
Erb's palsy can be caused by a variety of causes. The most common cause is when a doctor uses excessive force during labor and delivery. This can stretch or tear brachial nerves and trigger the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. It is important to contact an attorney right away if your child was diagnosed with this birth defect. A successful claim could help pay for medical bills and other expenses relating to the injury. This could help ease the financial burden of your child and enhance their life quality.
Expert Witness Reports
A medical professional is required to examine your Erb's case and provide an opinion on what caused the injury and if it was caused by a doctor's negligence. The expert can also help determine the severity of your injuries and how they will affect your future.
Erb's Palsy can be caused by birth injuries to the brachial plexus. erb's palsy lawyer deltona is more common when vaginal births are occurring, but may also occur during c-sections. The injury is usually caused when doctors have to move a baby's shoulders to facilitate delivery. The process may cause nerve damage or stretch in the armpit, leading to permanent damage.
In certain instances the injury may be corrected through surgery, but it could still cause issues. Children suffering from this condition may not be able use their arms or raise their hands. This could be detrimental to their daily living, especially if it prevents them from playing sports or performing everyday tasks. Certain people can benefit from muscle transfer surgeries where surgeons insert stronger muscles or tendons that support the weaker ones.
Your lawyer will collect as much evidence as you can and send it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.
Documentation
Erb's palsy lawsuits assist families get compensation for injuries sustained by their children. In addition, they can prevent future medical errors by holding the parties responsible accountable. Our lawyers have the expertise and resources to fully examine your child's situation and determine if the negligence of a medical professional led to a brachial plexus injury.
One of the most frequent instances of medical malpractice that causes Erb's palsy occurs when a doctor pulls too hard on a baby's head neck or shoulders during labor and delivery. This can be caused by the improper use of vacuum extractors. It can be caused by long labor that causes stress to the baby's shoulders and head.
Some babies with Erb’s palsy can fully recover and be able to move their arms normally again. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Most cases of Erb’s palsy can be prevented and result from medical negligence during labor and delivery.
Our attorneys will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions and other medical records. Expert opinions are also available. Most 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 nerve injury is presenting arguments to a judge or jury. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to act reasonable in a certain set of circumstances. The defendant's lawyers will try to convince a jury or judge that they acted in a reasonable manner.
Typically, the parties will come to a deal prior to trial. This is designed to satisfy the desires of both sides and bring the litigation to a close. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of money awarded depends on the severity of the injury and the amount of medical treatment is needed in the future.
Parents of children suffering from brachial plexus injuries face significant costs and often struggle to cover the costs. A lawsuit for Erb's Palsy could offer financial relief to families who may have to pay for the treatment of their children's ailments. It also helps cover lost wages if the injury impacts the child's ability to work in the future. Finally, it can help alleviate the emotional and physical stress of living with an injury that can alter the course of life. An experienced Erb's-Palsy attorney can assist families in pursuing the damages they are entitled to.