Erb's Palsy Litigation
A child with erb's palsy may be eligible for compensation to pay for treatment and future medical expenses. These funds can help families cope emotionally with the trauma of birth.
Your lawyer will scrutinize your medical records to determine the worth of your case. The lawsuit will be filed and defendants have 30 days to respond.
Medical Records
It can be a major blow to families when a child is diagnosed with Erb's Palsy. The condition can cause swelling and pain that can make it difficult for children to do everyday tasks such as playing sports or buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer could help families recover compensation for their losses.
The first step in filing a claim for medical negligence is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may have to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will offer their opinion on whether the Erb's Palsy in your child was due to an error in medicine or natural cause.
Several factors can lead to Erb's palsy due to a variety of causes. erb's palsy lawyer beaverton is when a doctor exerts excessive force during labor and birth. This can tear or stretch brachial nerves causing the condition. There are methods that 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 file a lawsuit. A successful case could assist in paying for medical expenses and other costs related to the injury. This can ease your child's financial burden and enhance their quality of life.
Expert Witness Reports
A medical professional is needed to analyze your Erb's palsy case. They will offer their opinion on what caused the injury and whether it was due to negligence by a physician. The expert will also assist you to determine the severity of your injuries and how they might impact your life in the future.
Erb's Palsy is caused by birth injuries to the brachial plexus. It is more prevalent in vaginal births, but it can also occur during c-sections. This type of injury occurs when doctors move the shoulders of a newborn to facilitate delivery. The procedure can tear and stretch the armpit nerves which can cause permanent damage.
The injury can sometimes be repaired by surgery, but it may cause complications. Children who suffer from this condition might not be able to lift their hands or use their arms. This could be detrimental to their living quality and can hinder them from playing sports or carrying out everyday tasks. Some people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons to support the weaker ones.
Your lawyer will collect as the evidence you can and forward it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb's Palsy trial.
Documentation
Erb's palsy lawsuits help families obtain compensation for their children's injuries. They can also stop further medical errors by holding accountable parties liable. Our lawyers have the experience and resources to fully investigate your child's case and determine if negligence by a medical professional contributed to a brachial plexus injury.
Erb's Palsy can be caused by a doctor pulling too hard on the baby's neck, head, arms or shoulders during the birth. This may be due to the incorrect use of vacuum extractors or forceps and a long labor that puts stress on the baby's shoulders and head or shoulder dystocia.
Some babies suffering from Erb's palsy recover completely and can move their arms normally. Some babies suffer permanent nerve damage, and may be disabled for the rest of their lives. Fortunately, the majority cases of Erb's Palsy are preventable and a result of medical inattention during labor and birth.
Once the medical documents and other evidence are collected, our attorneys will bring a lawsuit against the defendants, which is typically the doctor or hospital involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions, additional medical documents, as well as expert opinions. The majority of Erb's Palsy lawsuits are settled, but we can bring your case to trial if needed.
Trial preparation
The final step in seeking compensation for injuries to the brachial plexus in children is to present evidence before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare provider did not be reasonable in a particular set of circumstances. The defendant's lawyers will try to convince a judge or jury that they acted in a reasonable manner.
In most cases, the parties come to an agreement prior to trial. This is done to meet the needs of both parties and bring the lawsuit to a close. The plaintiffs will receive a lump sum of money and the lawsuit will be closed. The amount of compensation is based on the severity the injury and how much medical care will be needed in the future.
Parents of children who suffer from brachial plexus injury face substantial costs and often struggle to cover the costs. A lawsuit for Erb's psy can offer financial compensation to families who are likely to pay for treatment costs for their children's condition. It also assists in recouping lost wages if an injury has a negative impact on a child's ability to work in the future. It can also assist in easing the emotional and physical stress of living with an injury that can have an enormous impact on a child's life. A family attorney with expertise in Erb's palsy can assist families in obtaining the compensation they are entitled to.