Erb's Palsy Litigation
Children suffering from Erb's 'Pasty' can receive compensation for future medical bills and treatments. The funds could also help families cope with the emotional trauma caused by this birth injury.
Your lawyer will go through your medical documents to determine the merits of your case. The lawsuit will be filed and the defendants will have 30 days to respond.
Medical Records
It can be a major blow to families when a child has the condition Erb's - Palsy. erb's palsy law firm el paso can cause swelling, pain and impairment that can hinder the child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for their losses.
The first step to file a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review the documents and may have to consult experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child is due to an error in medical treatment or natural cause.
Erb's Palsy can be caused by a variety of causes. The most common reason is when a doctor uses excessive force during labor and birth. This can cause stretching or tears to brachial nerves and trigger the condition. Fortunately, there are specific methods that doctors can use to prevent this from occurring. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to file a lawsuit. A successful claim could help pay for medical bills and other expenses related to the injury. This can help alleviate financial burdens and improve your child's overall quality of life.
Expert Witness Reports
A medical professional will be required to evaluate the case of Erb's Palsy and give a final opinion on the cause of the injury, and if it was caused by a doctor's negligence. The expert will also be able to help you determine the severity of your injuries and how they could impact your future.
Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more prevalent when vaginal births are occurring, but can also occur during csections. The injury is often caused when doctors need to move a baby's shoulders around to facilitate the delivery. The procedure can tear and stretch the armpit's nerves creating permanent damage.
The injury is sometimes repaired through surgery, but it may cause complications. Children who suffer from this condition might not be able their hands or use their arms. This can negatively impact their living quality and, in particular, if it stops them from playing sports or performing everyday tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to support weaker ones.
If you file a claim your lawyer will collect as much evidence as is possible and submit it to the defendants' attorneys. The defendants have 30 days to respond. The court will then schedule your Erb's Palsy trial.
Documentation
Erb's palsy lawsuits assist families to receive compensation for injuries suffered by their children. They can also stop further medical errors by holding accountable parties accountable. Our lawyers have the resources and experience to investigate your child's injury and determine if a medical professional's negligent actions caused it.
Erb's palsy may be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during birth. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's head and shoulders, or shoulder dystocia.
Some babies with Erb's palsy recover completely and can move their arm normally again. Some babies suffer permanent nerve damage and will be disabled for the rest their lives. Most cases of Erb's paralysis can be prevented and are caused by medical negligence during labor and delivery.
After the medical records and other evidence are taken into consideration, our lawyers will file a lawsuit against the defendants, which are typically the hospital or doctor involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions and additional medical documents. Expert opinions are also incorporated. Most cases involving Erb's palsy are settled, but we can take your case to trial if needed.
Trial preparation
The final step in seeking compensation for injuries to the brachial plexus suffered by children is to present evidence before a jury or judge. Your Erb's palsy lawyer will try to establish that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The attorneys representing the defendant will attempt to convince a jury or judge that they acted in a reasonable manner.
Typically, the parties agree to a settlement prior to trial. The intention is to satisfy both parties' interests and stop the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will come to an end. The amount of compensation depends on the severity and future medical requirements of the injury.
Families with children suffering from brachial-plexus injuries are often unable to cover the costs. A lawsuit for Erb's psy could provide financial compensation to families that may need to pay for medical expenses related to their children's condition. It also assists with the loss of wages if an injury has a negative impact on the ability of a child to work in the future. It can also help cover the physical and emotional burden of being a victim of an injury that can have an impact that is profound on the child's life. A family attorney with experience in Erb's Palsy can assist families to receive the compensation they deserve.