Erb's Palsy Litigation
Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. The funds could also help families deal with the emotional stress of this birth injury.
Your lawyer will go through your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
When a child suffers from Erb's Palsy, it can be devastating for the family. The condition can cause pain, swelling and impairment that can hinder a child's ability to use their hand for basic functions like playing sports or even 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 filing a claim for medical negligence is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may have to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child was due to a medical error or natural causes.
Erb's Palsy is caused by many factors. Most often, a doctor will use too much force when they perform labor and delivery. This can cause strain or tears to the brachial nerves, leading to the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. You should consult with an attorney right away if you suspect that your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit can be used to pay the medical bills for your child as well as other costs related to the injury. This can help ease the financial burden and improve your child's quality of life.
Expert Witness Reports
A medical professional will be required to evaluate your Erb's case and give an opinion about what caused the injury and if it was caused by negligence by a doctor. The expert will also help determine the severity of your injuries and how they might affect your future life.
Erb's Palsy is caused by an injury from birth to the brachial plexus. erb's palsy lawyer bakersfield is more prevalent when vaginal births are occurring, but can also occur during csections. The injury is usually caused when doctors need to move a baby's shoulders around to facilitate the delivery. The process can cause stretching and tear to the nerves in the armpit and cause permanent damage.
The injury may be repaired by surgery, but can still cause complications. Children who suffer from this condition might not be able raise their hands or use their arms. This could be detrimental to their quality of life and can hinder them from participating in activities or doing everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.
Your lawyer will gather as the evidence you can and then send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.
Documentation
Erb's palsy lawsuits can help families receive compensation for injuries sustained by their children. They can also stop further medical errors by holding accountable parties accountable. Our lawyers are equipped with the necessary resources and expertise to examine the injury of your child and determine if the negligence of a medical professional caused the injury.
Erb's Palsy can be caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during birth. This could be due the incorrect use of forceps or vacuum extractors, a long labor that creates stress on a baby's shoulders and head or shoulder dystocia.
A few babies with Erb's paralysis recover completely and can move their arm normally again. 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 caused by medical negligence during labor and birth.
After the medical documents and other evidence are taken into consideration, our lawyers will bring a lawsuit against the defendants, which is usually the doctor or hospital involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions and other medical documents. Expert opinions are also included. The majority of cases filed against Erb's & Palsy are resolved, but we will bring your case to trial if necessary.
Trial preparation
The final step of pursuing compensation for a child's brachial plexus injury is to present arguments before a jury or judge. Your Erb's ailment lawyer will try to prove that the healthcare provider did not act reasonable in a certain set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they were able to act in a reasonable manner.
Typically, the parties will agree to a settlement prior to trial. The aim of the settlement is to satisfy both parties' needs and end the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and future medical needs of the injury.
Families with children who have brachial plexus injury often struggle to pay for the costs. A lawsuit involving Erb's palsy could offer financial relief for families who might have to incur expenses in treating their children's condition. It can also cover lost wages if the condition impacts a child's ability to work. Finally, it can help alleviate the emotional and physical stress of living with a life-altering birth injury. A family lawyer with expertise in Erb's palsy can assist families in obtaining the compensation they deserve.