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Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can be compensated for future medical bills and treatments. The funds could also help families cope with the emotional stress of this birth injury.

Your lawyer will examine your medical documents to determine the merits of your case. The lawsuit will be filed and the defendants will have 30 days to respond.

Medical Records

It can be a devastating experience for families if a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and disability that may affect the child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step in filing an action for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. Your lawyer will scrutinize these documents and may need to consult with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child is due to a medical error or natural causes.

Erb's Palsy is caused by a variety of causes. The most common cause is that a doctor is prone to using too much force when performing labor and delivery. This can cause strain or tear to brachial nerves, causing the condition. There are techniques that doctors can employ to prevent this. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit will help pay for your child's medical bills and other expenses associated with the injury. This will reduce the financial burden of your child and improve their life quality.

Expert Witness Reports

A medical expert will be needed to analyze your Erb's palsy case. They will offer their opinion about what caused the injury and whether it was caused by negligence by a physician. The expert will also help determine the extent of your injuries and how they may affect your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more common in vaginal births but can happen during C-sections. This type of injury occurs when doctors move the baby's shoulders to ease the delivery process. The process can cause nerve damage or stretch in the armpit, causing long-term damage.

In some cases injuries can be repaired with surgery, but it may still cause problems. Children suffering from this condition may not be able to lift their hands or use their arms. This could impact their quality of life, especially those who are unable participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers, where surgeons place stronger tendons or muscles to support weaker ones.

Your lawyer will collect as many evidence as you can and then send it to the lawyers of the defendants. The defendants have 30 days to respond. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can seek compensation for the injuries their children sustained through filing lawsuits for Erb's palsy. They can also stop further medical errors by holding accountable parties liable. Our lawyers have the knowledge and resources to fully investigate your child's medical history and determine if a medical professional's negligence led to the brachial plexus injury.

Erb's Palsy can be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during birth. This could be due to the improper use of forceps or vacuum extractors or a prolonged labor that creates stress on a baby's head and shoulders, or shoulder dystocia.

A few babies who suffer from Erb's paralysis can fully recover and be capable of moving their arms in a normal way. Some babies develop permanent nerve damage, and will be disabled for the rest of their lives. The majority of cases of Erb's Palsy can be avoided and are caused by medical malpractice during labor and birth.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all the medical documents and evidence. Once the lawsuit has been filed, the discovery process will begin. This could include depositions, other medical records, and expert opinions. The majority of the Erb's palsy cases end in settlement, however we are prepared to pursue your case all the way through trial if necessary.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to present arguments before a judge or jury. Your Erb's palsy lawyer will attempt to show that the healthcare professional did not act in a reasonable way under a specific set of circumstances, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.

Typically, the parties agree to a settlement prior to trial. The aim of the settlement is to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive a lump sum of money and the lawsuit will be closed. The amount of compensation will depend on the severity of the injury and how much medical care will be needed in the future.

Parents of children who suffer from brachial plexus injuries face significant costs and often struggle to pay for them. Financial compensation from an Erb's Palsy lawsuit may help families pay for the expenses they may incur to treat their children's illness. It can also cover lost wages, if the injury can affect a child's future capacity to work. Additionally, it can help deal with the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb's palsy attorney will assist families in pursuing the compensation they deserve.