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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 assist families in dealing with this birth injury.
Your lawyer will look over 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 affected by Erb's palsy, it could be devastating for their families. The condition can cause pain and swelling, which can make it difficult for children to do basic tasks like playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.
The first step to filing a claim for medical negligence is to gather evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through these documents and may need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. They will give you their opinion on if Erb's ailment in your child was due to an error in medical treatment or natural cause.
Many factors can cause Erb's palsy due to a variety of causes. The most common is when a doctor uses too much force during labor and delivery. This can stretch or tear brachial nerves causing the condition. There are techniques that doctors can use to avoid this. It is recommended to speak with an attorney as soon as your child was diagnosed with this birth defect. A successful claim can aid in the payment of medical bills and other costs related to the injury. This can ease the financial burden and improve your child's quality of life.
Expert Witness Reports
An expert medical will be required to examine your Erb's palsy case. They will give their opinion on the reason for the injury and whether it was due to negligence by a doctor. The expert can also help you determine how serious your injuries are and how they might impact your future.
Erb's Palsy is caused by a birth injury to the brachial plexus. This is more common in vaginal births, but it can also occur during C-sections. The injury is usually caused when doctors must move a baby's shoulders to facilitate the delivery. The process can stretch and tear the armpit's nerves which can cause permanent damage.
The injury may be repaired with surgery, but it could cause complications. Children with this type of injury may not be able to use their arms or raise their hands. This can negatively impact their quality of living, especially if it prevents them from participating in activities or doing everyday tasks. Some people may benefit from muscle transfers, where surgeons place stronger tendons or muscles to support weaker ones.
When you file a claim, your lawyer will collect as much evidence as they can and then submit it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. After this, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Erb's palsy lawsuits can help families to receive compensation for injuries to their children. In addition, they can prevent future medical mistakes by holding the accountable parties accountable. Our lawyers have the resources and experience to examine the injury of your child and determine whether a medical professional's negligent actions caused the injury.
Erb's Palsy can be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during the delivery. This could be due to the incorrect use of vacuum extractors. It can be caused by long labor that causes stress to the baby's head and shoulders.
Some babies suffering from Erb's palsy recover completely and are able to move their arms normally. Some babies are permanently affected by nerve damage, and may be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's palsy can be prevented and are the result of medical mistakes during labor and delivery.
After the medical records and other evidence are collected, our attorneys will bring a lawsuit against the defendants, which are typically the hospital or doctor who was involved in your child's birth. After the lawsuit is filed, the process of discovery will begin. erb's palsy law firm harlingen includes depositions, as well as other medical records. Expert opinions are also included. The majority of the Erb's palsy cases end with a settlement, but we're prepared to take your case to trial if necessary.
Trial preparation
The final step in pursuing compensation for a child's brachial-plexus injury is to present arguments to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, while the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.
Typically, the parties agree to a settlement prior to trial. The aim of the settlement is to satisfy both parties' needs and also to close the case. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of money awarded will depend on the severity of the injury and how much medical treatment is needed in the future.
Parents of children with brachial plexus injury face substantial costs and often struggle to cover these costs. A lawsuit involving Erb's palsy can provide financial compensation to families who are likely to pay for medical expenses related to their children's illness. It also assists in recouping lost wages if the injury hinders a child's ability to work in the future. In addition, it helps alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can help families pursue the damages they deserve.