Erb's Palsy Litigation
A child suffering from erb's paralysis may be eligible for compensation to pay for future medical costs and treatment. These funds may also help families deal with the emotional trauma caused by this birth injury.
Your lawyer will go through your medical records and determine how much your case is worth. The lawsuit will be filed and defendants will have 30 days to respond.
Medical Records
When a child suffers from Erb's syndrome, it can be devastating for their family. The condition can cause pain, swelling and disability that can affect the child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer can assist families receive compensation for their losses.
The first step in filing a claim for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may need consult with experts in obstetrics and anesthesia and orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child was due to an error in medical treatment or natural causes.
Erb's Palsy may be caused by several factors. Most often, doctors is prone to using too much force when they perform labor and delivery. This can cause strain or tears to the brachial nerves, which can cause the condition. There are methods that doctors can employ to avoid this. You should consult with an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful claim could help pay for medical bills and other expenses related to the injury. erb's palsy attorneys berkeley could ease your child's financial burden and improve their quality of life.
Expert witness reports
A medical professional is required to look over the case of Erb's Palsy and provide an opinion on the cause of the injury and whether it was due to a doctor's negligence. The expert can also help determine how serious your injuries are and how they may impact your future.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. This occurs more often during vaginal births, but may also occur during c-sections. The injury is often caused by doctors who have to move the baby's shoulders in order to facilitate the delivery. The process can stretch and tear the armpit nerves creating permanent damage.
In certain cases the injury may be corrected with surgery, but it could still cause issues. Children who suffer from this condition might not be able their hands or use their arms. This can negatively impact their living quality particularly if it hinders them from participating in sports or performing everyday tasks. Certain people might benefit from muscle transfers, where surgeons implant stronger tendons or muscles to help weaker ones.
If you file a claim your lawyer will collect the most evidence possible and present it to attorneys for the defendants. The defendants have 30 days to respond. After this the court will then schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's lawsuits for palsy help families to receive compensation for injuries sustained by their children. Additionally, they help stop future medical errors from occurring by holding the accountable parties accountable. Our lawyers have the expertise and resources to thoroughly examine your child's medical history and determine if negligence by a medical professional contributed to a brachial plexus injury.
Erb's Palsy can be caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during the birth. This may be due to the incorrect use of forceps or vacuum extractors, a long labor that causes stress on a baby's shoulders and head or shoulder dystocia.
Some children with Erb's Palsy can fully recover and be capable of moving their arms in a normal way. However, some babies have permanent nerve damage and suffer from disability for the remainder of their lives. Fortunately, the majority cases of Erb's syndrome can be prevented and are the result of medical carelessness during labor and delivery.
Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all the medical documents and evidence. After the lawsuit is filed, the process of discovery will begin. This could include depositions, other medical records, and expert opinions. The majority of Erb's Palsy lawsuits are settled, but we can bring your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for injuries to the brachial plexus in children is to make arguments before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare provider failed to be reasonable in a particular set of circumstances. The defendant's lawyers will try to convince a judge or jury that they acted in a reasonable manner.
Typically, the parties will settle the case prior to trial. This is designed to satisfy the interests of both sides and bring the case to an end. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of money awarded is contingent upon the severity of the injury and the amount of medical care is required in the future.
Parents of children with brachial plexus injuries are faced with significant costs and often struggle to cover these costs. The financial compensation offered by an Erb's Palsy lawsuit may help families pay for the expenses they could incur in order to treat their children's illness. It may also cover lost wages if the injury impacts a child's ability to work. It can also help alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced family lawyer who has experience in Erb's Palsy can assist families in obtaining the compensation they are entitled to.