Erb's Palsy Litigation
A child with erb's palsy may receive compensation to cover future medical costs and treatment. The funds could also help families cope with the emotional trauma of this birth injury.
Your lawyer will review your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
It can be a devastating experience for families if a child has Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. A knowledgeable lawyer for Erb's palsy can help families receive compensation for their losses.
The first step to file a claim for medical malpractice is to gather evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will provide their opinions on whether your child's Erb's paralysis was caused by a doctor's error or due to natural causes.
Many factors can cause Erb's Palsy in a variety of ways. Most commonly, a doctor uses too much force during labor and delivery. This can stretch or tear the brachial nerves, which can cause the condition. There are fortunately, specific methods that doctors can use to prevent this from happening. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful case could be able to pay for medical bills and other expenses related to the injury. This can help ease the financial burden and enhance your child's quality of life.
Expert Witness Reports
A medical professional will be required to look over the case of Erb's Palsy and give a final opinion on the cause of the injury and whether it was due to negligence of a physician. The expert can also help determine the severity of your injuries and how they will impact your future.
Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common in vaginal births however it can occur during c-sections. This type of injury occurs when doctors move the baby's shoulders to facilitate delivery. The process may pull or tear the nerves in the armpit, leading to permanent damage.
The injury may be repaired by surgery, but it could cause complications. Children suffering from this condition may not be able raise their hands or use their arms. This can affect their health, especially when they are unable to engage in sports or perform daily tasks. Some people are able to benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons to support the weaker ones.
If you file a claim your lawyer will gather as much evidence as they can and then submit it to defense attorneys 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
Erb's palsy lawsuits help families to receive compensation for their children's injuries. They can also stop further medical errors by holding responsible parties accountable. Our lawyers are equipped with the knowledge and resources to investigate the injuries of your child and determine whether a medical professional's negligent actions caused the injury.
One of the most common instances of medical malpractice causing Erb's Palsy is when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and birth. It can be caused by the incorrect use of vacuum extractors. It can also be the result of a prolonged labor that puts stress on the baby's shoulders and head.
A few babies with Erb's paralysis recover completely and are able to move their arms again. Some babies are permanently affected by nerve damage, and will be disabled for the rest their lives. Fortunately, the majority cases of Erb's syndrome are preventable and result of medical carelessness during labor and delivery.
Our lawyers will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, as well as other medical documents. Expert opinions are also included. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case to trial if necessary.
Trial preparation
The final stage of seeking compensation for a child's brachial nerve injury is presenting arguments before a jury or judge. Your Erb's palsy lawyer will try to establish that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The defendant's lawyers will attempt to convince a jury or judge that they acted reasonably.
In most cases, the parties come to an agreement before the trial. The goal of the settlement is to satisfy both parties' interests and to end the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of the compensation is based on the severity the injury and the amount of medical care will be needed in the future.
Parents of children who suffer from brachial plexus injuries face significant expenses and often have to pay for them. The financial compensation offered by an Erb's Palsy lawsuit may aid families in paying for the costs they may incur to treat their children's illness. It also helps cover lost wages if the injury hinders the child's ability to work in the future. In addition, it helps cover the physical and emotional stress of living with an injury that can alter the course of life. erb's palsy attorney kalamazoo with expertise in Erb's palsy can assist families to receive the compensation they deserve.