Erb's Palsy Litigation
Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. These funds can help families cope emotionally with this birth injury.
Your lawyer will examine your medical records to determine the value of your case. The lawsuit will be filed, and the defendants will have 30 days to respond.
Medical records
It can be devastating for families when a child is diagnosed with Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for children to do basic tasks like playing sports or buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can help families receive compensation for their losses.
The first step to file an action for medical malpractice is to collect evidence of negligence. This includes medical documents and witness statements. Your attorney will look over the documents and may need to consult experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinion on whether the child's Erb's ailment was the result of a doctor's error or due to natural causes.
Erb's Palsy is caused by a variety of factors. The most common is when a doctor exerts too much force during labor and delivery. This can stretch or tear the brachial plexus nerves leading to the condition. There are fortunately, specific techniques that physicians can employ to stop this from occurring. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to start a lawsuit. The benefits of a successful claim will pay for the medical bills of your child and other expenses associated with the injury. This could help ease the financial burden of your child and improve their life quality.
Expert Witness Reports
A medical expert will be required to review your Erb’s palsy case. They will give their opinion on what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also help you determine the severity of your injuries and how they may affect your future.
Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more common when vaginal births are occurring, but 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 cause stretching and tear to the armpit nerves creating permanent damage.
The injury can sometimes be repaired with surgery, but it can 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 playing activities or doing everyday tasks. Certain people might benefit from muscle transfers, in which surgeons implant stronger tendons or muscles to support weaker ones.
Your lawyer will collect as the evidence you can and then send it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.
Documentation
Erb's palsy lawsuits help families receive compensation for their children's injuries. In addition, they can prevent future medical errors by holding the parties responsible accountable. Our lawyers have the knowledge and resources to investigate your child's injury and determine if a medical professional's negligent actions caused it.
One of the most common instances of medical malpractice causing Erb's palsy occurs when a doctor puts too hard on a baby's head neck or shoulders during labor and birth. This could be due to the incorrect use of forceps or vacuum extractors, a long labor that puts stress on the baby's head and shoulders or shoulder dystocia.
Some babies with Erb’s palsy will fully recover and be able to move their arms normally again. Some babies develop permanent nerve damage, and will be disabled for the rest their lives. Most cases of Erb's paralysis can be avoided and result from medical malpractice during labor and delivery.
Our attorneys will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all medical documents and evidence. The discovery process starts after the lawsuit has been filed. This includes depositions and additional medical records. Expert opinions are also incorporated. The majority of Erb's Palsy lawsuits are settled, but we will go to trial if needed.
Trial preparation
The final step to pursue compensation for a child's brachial plexus injury is to present arguments before a jury or judge. Your Erb's palsy lawyer will attempt to show that the healthcare professional failed to act reasonably in a specific situation, while the defendant's attorneys will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.
Typically, the parties will agree to a settlement prior to trial. The aim of the settlement is to satisfy both parties' interests and also to close the case. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. erb's palsy lawsuit kansas city of the compensation will depend on the severity of the injury and the amount of medical care will be needed in the future.
Children with brachial plexus injuries face significant costs and often struggle to cover them. The financial compensation offered by an Erb's Palsy lawsuit may aid families in paying for the costs they may incur for treating 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 alleviate the physical and emotional strain of having an injury that can have an enormous impact on the life of a child. A family attorney who has experience in Erb's Palsy can help families receive the compensation they deserve.