Erb's Palsy Litigation
A child suffering from erb's palsy could be eligible for compensation to cover medical treatment and future expenses. These funds can help families cope with this birth injury.
Your lawyer will examine your medical records and determine the value your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
It can be a major blow to a family when a child is diagnosed with Erb's Palsy. The condition can cause swelling and pain that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. An experienced Erb's Palsy lawyer can help families receive compensation for the losses they have suffered.
The first step in filing a claim for medical negligence is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will go through these documents and may require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child was caused by a medical error or natural cause.
Erb's Palsy is caused by several factors. Most often, doctors uses too much force during labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. There are methods that doctors can use to avoid this. If your child has been diagnosed with this birth injury, it is important to seek out a lawyer as soon as possible to start a lawsuit. A successful claim can help pay for medical bills as well as other costs associated with the injury. This could help ease the financial burden of your child and improve their quality of life.
Expert Witness Reports
A medical professional is required to examine your Erb's palsy case. They will offer their opinion on the reason for the injury and whether it was due to negligence by a physician. The expert can also help you determine how serious your injuries are and how they will impact your future.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more prevalent in vaginal births but can happen during C-sections. The injury is usually caused when doctors must move the baby's shoulders in order to facilitate delivery. The process can stretch or tear the nerves in the armpit, causing long-term damage.
In some cases the injury can be treated with surgery, but it may still cause problems. Children with this condition may not be able raise their hands or use their arms. This can be detrimental to their living quality and, in particular, if it stops them from participating in activities or doing everyday tasks. Some people can benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons that support the weaker ones.
Your lawyer will collect as much evidence as you can and forward it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. The court will then schedule your Erb's Palsy trial.
Documentation
Families can get compensation for the harm their children sustained through filing lawsuits for Erb's palsy. They also can prevent future medical errors by holding responsible parties liable. erb's palsy law firm bloomington have the necessary resources and expertise to investigate the injuries of your child and determine whether the negligence of a medical professional caused it.
One of the most common instances of medical malpractice causing Erb's syndrome is when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and birth. This may be due to the improper use of vacuum extractors or forceps, a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.
Some babies suffering from Erb's palsy recover completely and can move their arms normally. However, some babies have permanent nerve damage and suffer from disability for the rest of 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 lawsuit against the defendants (usually the doctor or hospital 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 as well as additional medical records. Expert opinions are also incorporated. The majority of Erb's Palsy lawsuits are resolved, but we will consider bringing your case to trial if necessary.
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 ailment lawyer will try to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The attorneys representing the defendant will try to convince a jury or judge that they acted in a reasonable manner.
In most instances, the parties reach an agreement before trial. The settlement is intended to satisfy both parties' needs and also to close the case. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of compensation will depend on the severity of the injury and how much medical care will be needed in the future.
Children with brachial plexus injuries face significant costs and often struggle to pay for them. A lawsuit involving Erb's palsy could offer financial relief to families who are likely to pay for the treatment of their children's ailments. It can also cover lost wages if the condition hinders a child's ability to work. It can also help cover the physical and emotional strain of living with an injury that has an immense impact on the life of a child. An experienced attorney for Erb's Palsy will assist families in pursuing the compensation they deserve.