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Erb's Palsy Litigation
Children with Erb's Palsy can be compensated for future medical bills and treatments. These funds can also help families deal with the emotional trauma that comes from this birth injury.
Your lawyer will review your medical records to determine the value of your case. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
If a child has Erb's syndrome, it can be devastating for their families. The condition can cause pain and swelling, 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 in obtaining compensation for the losses they have suffered.
The first step in filing a claim for medical negligence is to collect 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, anesthesia and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child was due to an error in medicine or natural cause.
Many factors can cause Erb's palsy due to a variety of causes. The most common cause is when a physician uses excessive force during labor and delivery. This can cause stretching or tears to brachial nerves and trigger the condition. There are a variety of techniques doctors can employ to avoid this. 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 aid in the payment of medical bills and other expenses related to the injury. This can ease the financial burden and improve your child's quality of life.
Expert Witness Reports
A medical professional will be required to evaluate your Erb's palsy case and give an opinion about the cause of the injury, and if it was caused by a doctor's negligence. The expert can also help you determine how serious your injuries are and how they may affect your future.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more prevalent in vaginal births, but can occur during c-sections. This injury occurs when doctors move the shoulders of a baby to ease delivery. The process can strain or tear nerves in the armpit, causing long-term damage.
In some cases the injury can be corrected through surgery, but it may still cause problems. Children with this condition might not be able to use their arms or raise their hands. This could have a negative impact on their quality of life and, in particular, if it stops them from participating in sports or carrying out everyday tasks. Certain people can benefit from muscle transfer surgeries that involve the surgical placement of stronger muscles or tendons to help support weaker ones.
Your lawyer will gather as the evidence you can and send it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. After this the court will then schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits can help families obtain compensation for injuries suffered by their children. They also help prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the knowledge and resources to investigate your child's injuries and determine whether the negligence of a medical professional caused it.
One of the most common instances of medical malpractice causing Erb's Palsy is when a doctor pulls too hard on a baby's head, neck or shoulders during labor and birth. This could be due to the incorrect use of vacuum extractors. It can be caused by long labor, which causes stress to the baby's shoulders and head.
Some babies suffering from Erb's palsy recover completely and are able to move their arms again. Some babies are permanently affected by nerve damage, and will be disabled for the rest their lives. Most cases of Erb’s palsy can be avoided and result from medical malpractice during labor and birth.
Our lawyers will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical records and evidence. The discovery process begins after the lawsuit has been filed. This will include depositions as well as additional medical records, and expert opinions. Most Erb's Palsy lawsuits are settled, but we may take your case to trial if needed.
Trial preparation
The final step to pursue compensation for a child's brachial nerve injury is to present your case to a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they were able to act in a reasonable manner.
Typically, the parties reach a settlement before trial. The settlement is intended to satisfy both parties' needs and stop the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of money awarded will depend on the severity and medical requirements of the injury.
erb's palsy attorneys rancho cucamonga who suffer from brachial plexus injuries often struggle to pay for the costs. A lawsuit for Erb's psy could provide financial compensation to families who may have to incur expenses in treating their children's condition. It also assists with the loss of wages if the injury hinders the ability of a child to work in the future. It can also assist in easing the physical and emotional stress of living with an injury that has an immense impact on the child's life. An experienced attorney for Erb's Palsy can assist families to pursue the damages they deserve.