Erb's Palsy Litigation
A child suffering from erb's paralysis may receive compensation to cover medical treatment and future expenses. These funds can also assist families cope with the emotional trauma of this birth injury.
Your lawyer will examine your medical records and determine the value your case is worth. The lawsuit will be filed and defendants will have 30 days to respond.
Medical Records
If a child is suffering from Erb's syndrome, it can be devastating for their family. The condition can cause pain, swelling and disability that could affect a child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. erb's palsy lawyer buffalo filed by a knowledgeable Erb's palsy lawyer can help families get compensation for their losses.
The first step to filing a claim for medical negligence is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child was the result of an error in medical treatment or natural cause.
There are many factors that can trigger Erb's palsy due to a variety of causes. The most common cause is when a doctor exerts excessive force during labor and birth. This can tear or stretch brachial nerves and trigger the condition. Fortunately, there are specific methods that doctors can use to prevent this from occurring. If your child has been diagnosed with this birth injury, contact a lawyer immediately to make a claim. A successful case could assist in paying for medical expenses and other expenses related to the injury. This will ease your child's financial burden and improve their quality of life.
Expert witness reports
A medical professional will be required to examine your Erb's palsy case and provide an opinion on what caused the injury and whether it was caused by negligence of a physician. The expert will also help you determine the extent of your injuries and how they might impact your life in the future.
Erb's Palsy can be caused by birth trauma to the brachial plexus. It is more frequent in vaginal births, but it can also occur during C-sections. This type of injury occurs when doctors move the shoulders of a baby to ease the delivery process. The process may cause nerve damage or stretch in the armpit, causing long-term damage.
The injury can sometimes be repaired by surgery, but it may cause complications. Children suffering from this condition may not be able use their arms or raise their hands. This could impact their health, especially when they are unable participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers, where surgeons implant stronger tendons or muscles to help weaker ones.
Your lawyer will collect as the evidence you can, and send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits can help families get compensation for injuries to their children. In addition, they can prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the necessary resources and expertise to investigate the injuries of your child and determine whether a medical professional's negligent actions caused it.
Erb's Palsy is often caused by a physician pulling too hard on the baby's neck, head, or shoulders during the birth. This can be caused by the improper use of vacuum extractors. It can also be the result of a long labor causing stress on the baby's shoulders and head.
A few babies with Erb's paralysis recover completely and can move their arms again. Some babies suffer permanent nerve damage, and will be disabled for the rest their lives. Most cases of Erb's paralysis can be avoided and are the result of medical negligence during labor and delivery.
Our lawyers will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all medical records and evidence. Once the lawsuit has been filed, the process of discovery will begin. This could include depositions, other medical documents, as well as expert opinions. Most Erb's Palsy lawsuits are resolved, but we will consider bringing your case to trial if necessary.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus in children is to argue before a jury or judge. Your Erb's Palsy lawyer will try to establish that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonable.
In most cases, the parties reach an agreement before the trial. This is designed to satisfy the desires of both parties and bring the case to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of compensation is based on the severity the injury and how much medical care is required in the future.
Families with children who have brachial plexus injuries often struggle to pay for the costs. Financial compensation from an Erb's psy suit can aid families in paying for the costs they could incur in order to treat their children's illness. It also helps cover lost wages if the injury impacts the child's ability 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 attorney with experience with Erb's Syndrome can assist families to receive the compensation they are entitled to.