Erb's Palsy Litigation
Children suffering from Erb's 'Pasty' can be compensated for future medical expenses and treatment. The funds could also help families cope with the emotional stress of this birth injury.
Your lawyer will review your medical records to determine the value of your case. The lawsuit will be filed, and the defendants have 30 days to respond.
Medical records
It can be a devastating experience for families if a child suffers from Erb's palsy. The condition can cause pain and swelling that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. A knowledgeable lawyer for Erb's palsy will help families get compensation for the losses they have suffered.
The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will give their opinion on whether the Erb's Palsy in your child is due to an error in medicine or natural cause.
A variety of factors 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 cause stretching or tears to brachial nerves, causing the condition. There are fortunately, specific methods that doctors can use to prevent this from occurring. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful lawsuit could be able to pay for medical bills and other costs related to the injury. This can reduce the financial burden and enhance your child's quality of life.
Expert witness reports
A medical expert will be required to review your Erb’s palsy case. erb's palsy law firm layton will offer their opinion on the reason for the injury, and whether or not it was due to negligence by a physician. The expert can also help you determine the severity of your injuries and how they may impact your future.
Erb's Palsy can be caused by birth injuries to the brachial-plexus. This occurs more often during vaginal births, but can also occur during c-sections. The injury is caused when doctors move the shoulders of a baby to ease delivery. The procedure can tear and stretch the armpit nerves causing permanent damage.
In certain cases, the injury can be corrected through surgery, but it can still cause problems. Children who suffer from this condition might not be able their hands or use their arms. This can affect their quality of living particularly if it hinders them from participating in activities or doing everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons insert stronger tendons and muscles to help weaker ones.
Your lawyer will collect as any evidence as you can, and send it to the attorneys of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb's Palsy trial.
Documentation
Families can get compensation for the injuries they suffered as children by filing lawsuits for Erb's palsy. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers have the experience and resources to thoroughly investigate your child's situation and determine if the negligence of a medical professional led to the brachial plexus injury.
Erb's spalsy can be caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during birth. It can be caused by the improper use of vacuum extractors. It can be caused by long labor that causes stress to the baby's head and shoulders.
Some babies with Erb's palsy recover completely and can move their arm normally again. But, others suffer permanent nerve damage and will be disabled for the remainder of their lives. Fortunately, the majority cases of Erb's syndrome are preventable and the result of medical mistakes during labor and delivery.
Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process starts after the lawsuit has been filed. This includes depositions, additional medical documents, as well as expert opinions. The majority of Erb's palsy lawsuits result in settlements, but we are prepared to pursue your case all the way through trial if necessary.
Trial preparation
The final step to pursue compensation for brachial-plexus injuries in children is to argue before a judge or jury. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider did not be reasonable in a particular set of circumstances. The lawyers representing the defendant will try to convince a judge or jury that they acted in a reasonable manner.
Typically, the parties come to a deal prior to trial. This is done to meet the needs of both parties and bring the case to an end. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of the compensation is contingent on the severity and future medical needs of the injury.
Parents of children who suffer from brachial plexus injuries are faced with significant expenses and often have to cover the costs. The financial compensation offered by an Erb's psy suit can assist families with the costs they may incur to treat their children's illness. It also assists in recouping lost earnings if the injury affects a child's ability to work in the future. It can also help to ease the emotional and physical stress of living with an injury that can alter the course of life. An experienced attorney from Erb's palsy can assist families in pursuing the damages they deserve.