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Erb's Palsy Litigation
Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds may also help families cope with the emotional trauma of this birth injury.
Your lawyer will look over your medical records and determine how much your case is worth. The lawsuit is filed and defendants will have 30 days to respond.
Medical Records
If a child is suffering from Erb's palsy, it can be devastating for the family. The condition can cause swelling and pain that can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's-Palsy lawyer will help families get compensation for the losses they have suffered.
The first step to filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may need consult with experts in obstetrics and anesthesia, and orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was the result of an undiagnosed medical issue or natural cause.
There are many factors that can trigger Erb's paralysis in various ways. The most common is when a doctor exerts excessive force during labor and birth. This can cause stretching or tears to the brachial plexus nerves, which can cause the condition. There are a variety of techniques doctors can employ to prevent this. If your child has been diagnosed with this birth injury, it is important to get in touch with a lawyer immediately to bring a lawsuit. erb's palsy attorneys palmdale receive from a successful claim can help pay for your child's medical bills and other costs related to the injury. This can reduce the financial burden of your child and improve the quality of their life.
Expert witness reports
A medical expert will be required to look over the case of Erb's Palsy and provide a verdict on the cause of the injury, and whether it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they might affect your life in the future.
Erb's Palsy is caused by birth injuries to the brachial plexus. This is more frequent in vaginal births, however it can also happen during c-sections. This type of injury occurs when doctors move the baby's shoulders to facilitate delivery. The process can strain and tear the nerves in the armpit and cause permanent damage.
In certain instances injuries can be treated with surgery, but it could still cause issues. Children with this condition may not be able to lift their hands or use their arms. This could affect their quality of life and can hinder them from playing sports or performing everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to help weaker ones.
Your lawyer will collect as many evidence as you can, and send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After that, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can claim compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers have the experience and resources to thoroughly investigate your child's medical history and determine if negligence by a medical professional contributed to a brachial plexus injury.
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. It can be caused by the improper use of vacuum extractors. It can also be due to a long labor causing stress on the baby's shoulders and head.
Some babies suffering from Erb's palsy can fully recover and be able to move their arms again. However, some babies have permanent nerve damage and will be disabled for the rest of their lives. Most cases of Erb's paralysis can be prevented and result from medical malpractice during labor and delivery.
Once the medical records and other evidence is obtained, our lawyers will file a lawsuit against the defendants, which is 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 includes depositions, as well as other medical documents. Expert opinions are also available. The majority of Erb's Palsy lawsuits are resolved, but we will take your case to trial if necessary.
Trial preparation
The final stage of seeking compensation for a child's plexus brachial injury is presenting evidence to a judge or jury. Your Erb's ailment lawyer will try to establish that the healthcare provider did not be reasonable in a particular set of circumstances. The defendant's lawyers will attempt to convince a jury or judge that they were able to act in a reasonable manner.
In the majority of cases, the parties reach an agreement prior to trial. This is done to satisfy the needs of both sides and bring the case to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of the compensation is based on the severity the injury and how much medical care is required in the future.
Families with children with brachial-plexus injuries are often unable to pay for the expenses. A lawsuit against Erb's Palsy could provide financial compensation to families that may need to pay for treatment costs for their children's condition. It may also cover lost wages if the injury hinders a child's ability to work. Finally, it can help to ease the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced attorney from Erb's palsy can help families pursue the damages they are entitled to.