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Erb's Palsy Litigation
Children suffering from Erb's palsy may be compensated for future medical bills and treatments. These funds can help families cope with the birth injury.
Your lawyer will look over your medical records and determine how much your case is worth. The lawsuit is filed and defendants have 30 days to respond.
Medical Records
It can be devastating for a family when a child suffers from Erb's palsy. The condition can cause swelling, pain and impairment that can hinder the ability of a child to use their hand for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.
The first step of filing a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review the documents and may need to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. They will give you their opinions on whether Erb's palsy in your child was the result of an error in medical treatment or natural causes.
Many factors can cause Erb's palsy due to a variety of causes. The most frequent cause is when a doctor uses too much force during labor and delivery. This can tear or stretch brachial nerves and cause the condition. There are a variety of techniques doctors can employ to prevent this. If your child has been diagnosed with this birth injury, seek out a lawyer as soon as possible to make a claim. The money you receive from a successful claim will pay for the medical bills of your child and other expenses associated with the injury. This will help your child's financial burden and improve the quality of their life.
Expert witness reports
A medical expert will be required to evaluate your Erb's palsy case. They will offer their opinion on what caused the injury, and whether or not it was due to negligence by a doctor. The expert will also assist you to determine the extent of your injuries and how they may affect your life in the future.
Erb's Palsy is caused by a birth injury to the brachial plexus. This is more prevalent during vaginal births but may also occur during c-sections. This injury happens when doctors move the baby's shoulders to ease the delivery process. The procedure can tear and stretch the armpit's nerves and cause permanent damage.
In erb's palsy law firm new hampshire can be treated with surgery, but it can still cause issues. Children who suffer from this condition might not be able to lift their hands or use their arms. This could affect their well-being, especially when they are unable to perform everyday tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to help weaker ones.
Your lawyer will gather as the evidence you can, and send it to the attorneys of the defendants. The defendants will then have 30 days to respond to your claim. Following this the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Families can seek compensation for the injuries their children sustained by filing a lawsuit for Erb's Psy. In addition, they can prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the experience and resources needed 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 that causes Erb's palsy is when a doctor puts too hard on a baby's head neck or shoulders during labor and birth. This could be due to the incorrect use of forceps or vacuum extractors, a long labor that puts stress on the baby's shoulders and head, or shoulder dystocia.
Some babies with Erb’s palsy will fully recover and be able to move their arms normally again. However, some babies suffer permanent nerve damage and will be handicapped for the rest of their lives. Most cases of Erb’s palsy can be prevented and are the result of medical negligence during labor and delivery.
Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all the medical records and evidence. Once the lawsuit has been filed, the process of discovery will begin. This will include depositions as well as additional medical documents, and expert opinions. The majority of the Erb's palsy cases end with a settlement, but we are prepared to pursue your case to trial if necessary.
Trial preparation
The final step in seeking compensation for brachial-plexus injuries in children is to present arguments before a judge or jury. Your Erb's ailment lawyer will try to establish that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will try to convince a judge or jury that they acted reasonably.
In the majority of cases, the parties reach an agreement before trial. The goal of the settlement is to satisfy both parties' interests and end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation is contingent upon the severity of the injury and the amount of medical care will be needed in the future.
Children who suffer from brachial-plexus injuries are often unable to pay for the costs. A lawsuit against Erb's Palsy can offer financial compensation to families who may have to incur expenses in treating their children's illness. It also assists with the loss of wages if the injury impacts the child's ability to work in the future. It can also help alleviate the emotional and physical stress of having an injury that can have a profound impact on the life of a child. An experienced Erb's palsy attorney can assist families in pursuing the damages they deserve.