Erb's Palsy Litigation
A child who has erb's syndrome might be eligible to receive compensation for future medical costs and treatment. These funds may also help families cope with the emotional trauma of this birth injury.
Your lawyer will examine your medical documents to determine the merits of your case. The lawsuit will be filed, and the defendants have 30 days to respond.
Medical Records
If a child is affected by Erb's palsy, it could be devastating for their entire family. erb's palsy law firm kenner can cause pain and swelling, which can make it difficult for a child to perform basic tasks like playing sports or putting on their shirt. A lawsuit filed by an experienced Erb's palsy lawyer could help families recover compensation for their losses.
The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. These experts will offer their opinions on whether Erb's palsy in your child was the result of an error in medical treatment or natural causes.
There are many factors that can trigger Erb's paralysis in various ways. Most often, a doctor is prone to using too much force when they perform labor and delivery. This can stretch or tear brachial nerves and cause the condition. There are fortunately, specific methods that doctors can employ to stop this from happening. You should contact an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim can be used to pay your child's medical bills and other costs associated with the injury. This will ease your child's financial burden and enhance their quality of life.
Expert Witness Reports
A medical professional will be required to examine your case of Erb's palsy and give a final opinion on the cause of the injury, and if it was caused by negligence by a doctor. The expert will also assist you to determine the severity of your injuries and how they could affect your future.
Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more common in vaginal births however it can occur during C-sections. This type of injury occurs when doctors move the shoulders of a newborn to ease the delivery process. The process can pull or tear the nerves in the armpit, causing permanent damage.
The injury is sometimes repaired with surgery, but can still cause complications. Children suffering from this condition may not be able to raise their hands or use their arms. This can be detrimental to their quality of life, especially if it prevents them from participating in activities or doing everyday tasks. Some people are able to benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons to help support weaker ones.
When you file a claim, your lawyer will collect as much evidence as possible and submit it to the 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 get compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers have the experience and resources to fully investigate your child's case and determine whether a medical professional's negligence led to his or her brachial plexus injury.
Erb's spalsy can be caused by a doctor who pulls too hard on the baby's neck, head, or shoulders during birth. This could be due the incorrect use of forceps or vacuum extractors as well as a long labor which results in stress on a baby's head and shoulders, or shoulder dystocia.
A few babies who suffer from Erb's paralysis can fully recover and be capable of moving their arms normal. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Thankfully, most cases of Erb's syndrome are preventable and a result of medical inattention during labor and birth.
After the medical records and other evidence have been obtained, our lawyers will bring a lawsuit against the defendants, which are typically the hospital or doctor who was involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions and additional medical records. Expert opinions are also provided. Most Erb's Palsy lawsuits are resolved, but we will consider bringing your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for brachial-plexus injuries suffered by children is to argue before a jury or judge. Your Erb's palsy lawyer will attempt to show that the healthcare professional did not act in a reasonable way under a specific situation, while the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional behaved reasonably.
Typically, the parties will come to a deal prior to trial. The goal of the settlement is to satisfy both parties' needs and to end the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of compensation will depend on the severity and medical needs of the injury.
Children who suffer from brachial-plexus injuries are often unable to cover the costs. A lawsuit for Erb's psy could offer financial relief for families who might have to pay for the treatment of their children's condition. It also helps to cover lost wages if the injury impacts the child's ability to work in the future. Additionally, it can help deal with the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced attorney from Erb's palsy will assist families in pursuing the compensation they deserve.