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 help families cope emotionally with the trauma of birth.
Your lawyer will review your medical documents to determine the merits of your case. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
It can be a major blow to the family of a child who is diagnosed with Erb's Palsy. The condition can cause pain and swelling that can make it difficult for children to do basic tasks like playing sports or buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can assist families receive compensation for their losses.
The first step in submitting an action for medical malpractice is to collect evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will go through the documents and may need consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will provide their opinions on whether or not your child's Erb's palsy was caused by an error made by a doctor, or due to natural causes.
There are many factors that can trigger Erb's paralysis in various ways. The most common cause is when a doctor uses excessive force during labor and birth. This can tear or stretch brachial nerves and trigger the condition. There are a variety of techniques doctors can employ to avoid this. It is important to contact an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful lawsuit could be able to pay for medical bills and other expenses relating to the injury. This can help alleviate financial burdens and improve your child's quality of life.
Expert Witness Reports
A medical professional will be needed to review your Erb's palsy case and provide a verdict on the cause of the injury and whether it was due to a doctor's negligence. 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 occur during c-sections. This injury occurs when doctors move the baby's shoulders to ease delivery. The process can cause stretching and tear to the armpit's nerves creating permanent damage.
The injury can sometimes be repaired by surgery, but it could cause complications. Children suffering from this condition may not be able to use their arms or raise their hands. This could have a negative impact on their daily living, especially if it prevents them from playing sports or performing everyday tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons or muscles to help weaker ones.
When you file a claim, your lawyer will collect as much evidence as possible and submit 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 by filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding accountable parties accountable. Our lawyers have the knowledge and resources to investigate your child's injury and determine whether the negligence of a medical professional caused it.
One of the most common 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 forceps or vacuum extractors and a long labor that puts stress on the baby's head and shoulders or shoulder dystocia.
Some babies suffering from Erb's palsy recover completely and are able to move their arms normally. However, other babies have permanent nerve damage and will suffer from a disability for the rest of their lives. Fortunately, the majority cases of Erb's Palsy are preventable and the result of medical mistakes during labor and delivery.
Once the medical records and other evidence are collected, our attorneys will start a lawsuit against defendants, which is usually the hospital or doctor that was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, as well as other medical records. Expert opinions are also included. The majority of cases filed against Erb's & Palsy are settled, but we can consider bringing your case to trial if necessary.
Trial preparation
The final step to pursue compensation for brachial-plexus injuries in children is to argue before a jury or judge. Your Erb's palsy lawyer is going to try to establish that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted in a reasonable manner.
Typically, the parties will reach a settlement before trial. The goal of the settlement is to satisfy both parties' needs and to end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of the compensation depends on the severity of the injury and the amount of medical treatment is needed in the future.
Parents of children with brachial plexus injuries are faced with significant costs and often struggle to cover them. A lawsuit for Erb's psy could offer financial relief to families that may need to pay for treatment costs for their children's illness. It also helps cover lost wages if the injury impacts the ability of a child to work in the future. In erb's palsy law firm longmont , it helps cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced family lawyer who has expertise in Erb's palsy can help families receive the compensation they deserve.