Erb's Palsy Litigation
A child suffering from erb's palsy may be eligible for compensation to pay for the cost of treatment and future medical expenses. These funds can aid families to cope with the 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
It can be devastating for the family of a child who has the condition Erb's - Palsy. The condition can cause pain, swelling and disability that can affect the ability of a child to use their hands for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for their losses.
The first step in filing a claim for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. Your lawyer will scrutinize these documents and may even need to consult with experts in obstetrics, anesthesia and orthopedic surgery. Experts will give their opinion on whether the Erb's Palsy in your child was caused by an error in medicine or natural cause.
Erb's Palsy may be caused by several factors. The most common cause is that a doctor uses too much force when performing labor and delivery. This can tear or stretch brachial nerves causing the condition. There are methods that doctors can use to avoid this. It is recommended to speak with an attorney right away if 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 expert will be required to evaluate your Erb's palsy case and give a final opinion on what caused the injury and whether it was due to a doctor's negligence. The expert will also help you determine how serious your injuries are and how they could affect your future.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. This occurs more often when vaginal births are occurring, but may also occur during c-sections. This injury happens when doctors move the shoulders of a baby to ease delivery. The process can strain and tear the armpit nerves and cause permanent damage.
The injury is sometimes repaired with surgery, but it may cause complications. Children with this type of injury may not be able use their arms or raise their hands. This could affect their health, especially those who are unable perform everyday tasks. Some people may benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to support weaker ones.
Your lawyer will collect as many evidence as you can and send it to the attorneys of the defendants. The defendants will then have 30 days to respond to your claim. After that the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits help families to receive compensation for their children's injuries. They also can prevent future medical errors by holding accountable parties accountable. Our lawyers have the knowledge and resources to examine the injury of your child and determine whether the negligence of a medical professional caused the injury.
erb's palsy law firm dothan of the most frequent instances of medical malpractice that causes 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 could also be the result of a prolonged labor that puts stress on the baby's shoulders and head.
Some babies suffering from Erb's palsy recover completely and are able to move their arms normally. Some babies sustain permanent nerve damage, and will be disabled for the rest of their lives. The majority of cases of Erb's palsy can be prevented and are the result of medical malpractice during labor and birth.
Our lawyers 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 documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, additional medical records, and expert opinions. Most cases involving Erb's palsy are settled, but we may bring your case to trial if it is necessary.
Trial preparation
The final stage of seeking compensation for a child's brachial plexus injury is to present arguments to a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional did not behave in a reasonable manner under a particular scenario, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional was acting reasonably.
Typically, the parties will agree to a settlement prior to trial. This is done to meet the needs of both parties and bring the lawsuit to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of money awarded is contingent upon the severity of the injury and how much medical treatment will be required in the future.
Parents of children with brachial plexus injury face substantial expenses and often have to cover the costs. The financial compensation offered by an Erb's Palsy lawsuit may help families pay for the expenses they may incur for treating their children's illness. It could also help cover the loss of wages if the condition affects a child's future ability to work. It can also help alleviate the emotional and physical stress of having an injury that can have an enormous impact on a child's life. An experienced Erb's palsy attorney can assist families in pursuing the damages they deserve.