Erb's Palsy Litigation
Children suffering from Erb's 'Pasty' can receive compensation for future medical expenses and treatment. The funds could also help families cope with the emotional trauma that comes from this birth injury.
Your lawyer will examine your medical records and determine the value your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical Records
If a child is suffering from Erb's syndrome, it can be devastating for the family. The condition can cause pain and swelling, which can make it difficult for a child to do everyday tasks such as playing sports or putting on their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for their losses.
The first step to filing a claim for medical negligence is to collect evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may need consult with experts in obstetrics or anesthesia, as well as orthopedic surgery. These experts will provide their opinion on whether the child's Erb's palsy was caused by an error by a doctor or due to natural causes.
There are many factors that can trigger Erb's Palsy in a variety of ways. Most often, a doctor uses too much force when they perform labor and delivery. This can tear or stretch brachial nerves, causing the condition. There are strategies that doctors can employ to prevent this. erb's palsy law firm flower mound is recommended to speak with an attorney right away if you suspect that your child was diagnosed with this birth defect. The money you receive from a successful claim can be used to pay your child's medical bills and other expenses associated with the injury. This can help ease the financial burden and improve your child's overall quality of life.
Expert witness reports
A medical expert will be needed to review your case of Erb's palsy and give an opinion about the cause of the injury and if it was due to negligence by a doctor. The expert will also help you determine the extent of your injuries and how they will affect your life in the future.
Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more common in vaginal births but can happen during c-sections. This injury occurs when doctors move the shoulders of a baby in order to facilitate delivery. The process can pull or tear the nerves in the armpit, causing permanent damage.
The injury is sometimes repaired by surgery, but can still cause complications. Children who suffer from this condition might not be able to lift their hands or use their arms. This can impact their well-being, especially when they are unable perform everyday tasks. Certain people might benefit from muscle transfers, where surgeons insert stronger tendons or muscles to support weaker ones.
Your lawyer will collect as many evidence as you can and then send it to the attorneys of the defendants. The defendants have 30 days to respond. After this the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can get compensation for the harm their children sustained by filing lawsuits against Erb's Palsy. Additionally, they help prevent future medical errors by holding the parties responsible accountable. Our lawyers have the resources and experience to investigate your child's injuries and determine if a medical professional's negligent actions caused it.
Erb's Palsy is often caused by a doctor who pulls too hard on the baby's neck, head, or shoulders during the birth. This could be due the incorrect use of forceps or vacuum extractors and a long labor that causes stress on a baby's shoulders and head or shoulder dystocia.
Some babies with Erb's palsy recover completely and can move their arms 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 result from medical negligence during labor and delivery.
After the medical documents and other evidence are collected, our attorneys will bring a lawsuit against the defendants, which are typically the hospital or doctor involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions as well as additional medical documents. Expert opinions are also incorporated. The majority of Erb's Palsy lawsuits 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 nerve injury is presenting arguments to a judge or jury. Your Erb's Palsy lawyer will try to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will try 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. This is done to meet the needs of both sides and bring the lawsuit to an end. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of compensation received will depend on the severity of the injury and the amount of medical care is required in the future.
Families with children suffering from brachial plexus injuries frequently struggle to pay for the expenses. A lawsuit for Erb's Palsy could offer financial relief to families who may have to pay for medical expenses related to their children's condition. It also helps cover lost wages if an injury has a negative impact on the ability of a child to work in the future. It can also help cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced attorney for Erb's Palsy can help families pursue the damages they are entitled to.