Erb's Palsy Litigation
Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. These funds can also assist families cope with the emotional trauma that comes from this birth injury.
Your lawyer will go through your medical records to determine the worth of your case. The lawsuit is filed and defendants have 30 days to respond.
Medical Records
It can be a major blow to families when a child has Erb's Palsy. The condition can cause swelling, pain and disability that can affect the child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. erb's palsy attorney maine filed by a skilled Erb's palsy lawyer can assist families receive compensation for their losses.
The first step in submitting the medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. The attorney will review the documents and may need consult with experts in obstetrics and anesthesia and orthopedic surgery. These experts will give their opinion on whether your child's Erb's paralysis was caused by the error of a doctor or due to natural causes.
Several factors can lead to Erb's Palsy in a variety of ways. Most often, doctors uses too much force during labor and delivery. This can cause stretching or tears to brachial nerves and trigger the condition. There are a variety of techniques doctors can employ to avoid this. If your child has been diagnosed with this birth injury, you should consult a lawyer right away to file a lawsuit. The money you receive from a successful claim can be used to pay your child's medical bills and other costs related to the injury. This will ease your child's financial burden and improve their quality of life.
Expert Witness Reports
A medical professional is required to evaluate your Erb's palsy case. They will give their opinion on what caused the injury, and whether or not it was due to negligence by a physician. The expert will also help you determine how serious your injuries are and how they might impact your future.
Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more prevalent in vaginal births, but it can also occur during c-sections. The injury is caused when doctors move the shoulders of a newborn to ease delivery. The process can stretch and tear the armpit nerves causing permanent damage.
The injury may be corrected by surgery, but can still cause complications. Children who suffer from this condition might not be able their hands or use their arms. This could negatively impact their living quality particularly if it hinders them from playing sports or carrying out everyday tasks. Certain people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons to help support weaker ones.
If you file a claim your lawyer will collect as much evidence as possible and present it to defense attorneys of the defendants. The defendants will then have 30 days to respond to your claim. After that the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits can help families obtain compensation for injuries to their children. They also can prevent future medical errors by holding responsible parties accountable. Our lawyers have the experience and resources to fully examine 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 occurs when a doctor puts too hard on a baby's head, neck or shoulders during labor and delivery. This could be due to the incorrect use of forceps or vacuum extractors and a long labor that creates stress on a baby's shoulders and head, or shoulder dystocia.
Some babies with Erb’s palsy recover completely and will be 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 of cases of Erb's syndrome are preventable and the result of medical mistakes during labor and delivery.
Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all medical records and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions as well as additional medical records. Expert opinions are also incorporated. Most Erb's Palsy lawsuits are resolved, but we will take your case to trial if needed.
Trial preparation
The final step in pursuing compensation for a child's brachial nerve injury is to present arguments to a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional failed to act reasonably in a specific scenario, and lawyers for the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.
In the majority of cases, the parties come to an agreement before trial. The goal of the settlement is to satisfy both parties' interests and to 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 injuries are often unable to pay for the costs. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they might incur in treating their children's condition. It also helps to cover lost wages if an injury has a negative impact on the ability of a child to work in the future. Additionally, it can help alleviate the emotional and physical anxiety of living with an injury that can alter the course of life. A family lawyer with expertise in Erb's palsy can assist families to receive the compensation they deserve.