Erb's Palsy Litigation
A child with erb's palsy may be eligible for compensation to pay for medical treatment and future expenses. The funds could also help families deal with the emotional trauma that comes from this birth injury.
Your lawyer will look over your medical records and determine how much your case is worth. The lawsuit is filed and defendants will have 30 days to respond.
Medical Records
If a child has Erb's syndrome, it can be devastating for the family. The condition can cause pain, swelling and disability that can affect the ability of a child to use their hand for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's Palsy lawyer can help families get compensation for their losses.
The first step to file a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will give their opinion on whether your child's Erb's paralysis was the result of a doctor's error or due to natural causes.
Erb's Palsy may be caused by a variety of causes. Most commonly, a doctor may use excessive force during labor and delivery. This can tear or stretch brachial nerves and cause the condition. There are methods that doctors can employ to prevent this. You should contact an attorney as soon as your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills of your child as well as other costs associated with the injury. This can alleviate financial burdens and improve your child's overall quality of life.
Expert Witness Reports
A medical professional will be required to evaluate your Erb's palsy case and give a final opinion on the cause of the injury and if it was due to negligence by a doctor. The expert can also help determine the severity of your injuries and how they might impact your future.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more frequent in vaginal births but can happen during c-sections. The injury is caused when doctors move the baby's shoulders to ease delivery. The process may strain or tear nerves in the armpit, leading to permanent damage.
In erb's palsy attorney asheville , the injury can be corrected with surgery, but it can still cause issues. Children who suffer from this condition might not be able to raise their hands or use their arms. This can affect their daily living particularly if it hinders them from participating in sports or doing the everyday chores. Certain people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons in order to support the weaker ones.
Your lawyer will gather as the evidence you can and forward it to the attorneys of the defendants. The defendants 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
Erb's palsy lawsuits help families to receive compensation for their children's injuries. They also help prevent future medical errors by holding responsible parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injuries and determine whether the negligence of a medical professional caused it.
One of the most frequent instances of medical malpractice that causes Erb's palsy occurs when a doctor puts too hard on a baby's head neck or shoulders during labor and delivery. This could be due to the improper use of forceps or vacuum extractors as well as a long labor which creates stress on a baby's shoulders and head, or shoulder dystocia.
Some children with Erb's Palsy recover completely and will be able to move their arms in a normal way. However, other babies have permanent nerve damage and will be handicapped for the remainder of their lives. The majority of cases of Erb's palsy can be avoided and are caused by medical malpractice during labor and birth.
Once the medical records and other evidence are obtained, our lawyers will bring a lawsuit against the defendants, which are typically the hospital or doctor that was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions as well as additional medical documents. Expert opinions are also included. The majority of Erb's Palsy lawsuits are settled, but we can take your case to trial if needed.
Trial preparation
The final stage of seeking compensation for a child's brachial nerve injury is to present arguments to a judge or jury. Your Erb's Palsy lawyer will try to establish that the healthcare provider did not be reasonable in a particular set of circumstances. The lawyer representing the defendant will attempt to convince a jury or judge that they acted reasonable.
Typically, the parties will come to a deal prior to trial. The aim of the settlement is to satisfy both parties' interests and also to close the case. The plaintiffs will receive a lump sum of money and the lawsuit will come to an end. The amount of money awarded will depend on the severity and future medical requirements of the injury.
Parents of children who suffer from brachial plexus injury face substantial costs and often struggle to cover them. Financial compensation from an Erb's palsy lawsuit could assist families with the costs they may incur to treat their children's condition. It could also help cover the loss of wages, if the injury hinders a child's ability to work. In addition, it helps deal with the emotional and physical anxiety of living with an injury that can alter the course of life. A family attorney who has expertise in Erb's palsy can help families get the damages they are entitled to.