Erb's Palsy Litigation
A child who has erb's syndrome might be eligible to receive compensation for medical treatment and future expenses. These funds can assist families in dealing with this birth injury.
Your lawyer will go through your medical records to determine the worth of your case. The lawsuit will be filed and defendants have 30 days to respond.
Medical records
It can be a major blow to families if a child is diagnosed with Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for a child to perform basic tasks like playing sports or putting on their shirt. A knowledgeable Erb's Palsy lawyer will help families get compensation for the losses they have suffered.
The first step of filing a medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's palsy was the result of an error by a doctor or due to natural causes.
Erb's Palsy is caused by a variety of factors. The most common cause is that a doctor is prone to using too much force when performing labor and delivery. This can stretch or tear brachial nerves, causing the condition. There are methods that doctors can employ to avoid this. It is recommended to speak with an attorney as soon as your child was diagnosed with this birth defect. The money you receive from a successful claim will pay for your child's medical bills and other costs associated with the injury. This can alleviate financial burdens and improve your child's quality of life.
Expert Witness Reports
A medical professional is required to examine your Erb's palsy case and give a final opinion on what caused the injury and if it was due to a doctor's negligence. The expert will also help determine the severity of your injuries and how they will affect your life in the future.
Erb's Palsy is caused by birth injuries to the brachial plexus. It is more frequent in vaginal births but can happen during C-sections. This type of injury occurs when doctors move the shoulders of a newborn to facilitate delivery. The process can cause nerve damage or stretch in the armpit, causing long-term damage.
The injury is sometimes corrected by surgery, but can still cause complications. Children with this condition might not be able to use their arms or raise their hands. This can impact their quality of life, particularly when they are unable to perform everyday tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to help weaker ones.
When erb's palsy lawsuit grand prairie file a claim your lawyer will collect as much evidence as they can and present it to attorneys for the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb’s Palsy trial.
Documentation
Erb's palsy lawsuits assist families receive compensation for injuries suffered by their children. In addition, they can stop future medical errors from occurring by holding those responsible accountable. Our lawyers have the knowledge and resources to fully examine your child's situation and determine if an error by a medical professional led to his or her brachial plexus injury.
One of the most common 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 birth. This could be due the improper use of forceps or vacuum extractors as well as a long labor which causes stress on a baby's head and shoulders or shoulder dystocia.
Some babies with Erb’s palsy can fully recover and be able to move their arms normal. However, some babies have permanent nerve damage and be handicapped for the rest of their lives. Thankfully, most cases of Erb's paralysis can be prevented and are the result of medical negligence during labor and delivery.
Once the medical records and other evidence are obtained, our lawyers will bring a lawsuit against the defendants, typically the hospital or doctor who was involved in the birth of your child. The discovery process begins after the lawsuit has been filed. This could include depositions, other medical documents, as well as expert opinions. The majority of cases filed against Erb's & Palsy are settled, but we will bring your case to trial if needed.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus in children is to present arguments before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare professional did not act reasonably in a specific set of circumstances, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted reasonably.
In the majority of cases, the parties come to an agreement before trial. The intention is to satisfy both parties' interests and to end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of the compensation is contingent on the severity and medical requirements of the injury.
Families with children suffering from brachial plexus injuries frequently struggle to pay for the expenses. A lawsuit involving Erb's palsy can offer financial compensation to families who are likely to incur expenses in treating their children's illness. It also assists in recouping lost wages if the injury impacts the ability of a child to work in the future. It can also help cover the physical and emotional burden of being a victim of an injury that can have a profound impact on the child's life. A family attorney with expertise in Erb's palsy can help families get the damages they are entitled to.