Erb's Palsy Litigation
A child with erb's palsy might be eligible to receive compensation for the cost of treatment and future medical expenses. These funds can assist families in dealing with the trauma of birth.
Your lawyer will examine your medical records and determine the value your case is worth. The lawsuit will be filed and defendants will have 30 days to respond.
Medical Records
It can be devastating for families if a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and impairment that can hinder a child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's Palsy lawyer can help families receive compensation for their losses.
The first step in filing a claim for medical negligence is to gather evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will go through these documents and may need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. Experts will give their opinion on if Erb's ailment in your child was the result of an undiagnosed medical issue or natural causes.
Erb's Palsy can be caused by a variety of factors. Most often, doctors will use excessive force during labor and delivery. This can cause strain or tears to the brachial plexus nerves leading to the condition. There are fortunately, specific methods that doctors can use to prevent this from happening. You should contact an attorney as soon as your child was diagnosed with this birth defect. A successful lawsuit could be able to pay for medical bills and other expenses related to the injury. This can help ease the financial burden and improve your child's overall quality of life.
Expert Witness Reports
A medical professional will be required to look over your Erb's palsy case and give an opinion about what caused the injury and whether it was due to negligence of a physician. The expert will also help determine the severity of your injuries and how they might affect your future.
Erb's Palsy is caused by birth injuries to the brachial plexus. This is more prevalent during vaginal births, but can also occur during c-sections. The injury is usually caused when doctors must move the baby's shoulders to facilitate the delivery. The procedure can tear and stretch the nerves in the armpit causing permanent damage.
In certain instances, the injury can be corrected with surgery, but it may still cause problems. Children who suffer from this condition might not be able raise their hands or use their arms. This can impact their well-being, especially those who are unable participate in sports or carry out everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons insert stronger tendons or muscles to help weaker ones.
Your lawyer will collect as any evidence as you can and then send 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 assist families get compensation for their children's injuries. They can also stop further medical errors by holding accountable parties accountable. erb's palsy lawyer honolulu have the experience and resources needed to examine the injury of your child and determine if a medical professional's negligent actions caused it.
Erb's Palsy can be caused by a physician pulling too hard on the baby's neck, head, or shoulders during birth. This could be due to the improper use or vacuum extractors. It could also be caused by a prolonged labor that puts stress on the baby's shoulders and head.
Some babies suffering from Erb's palsy recover completely and can move their arms normally. However, some babies have permanent nerve damage and will be handicapped for the remainder of their lives. Most cases of Erb's paralysis can be prevented and are the result of medical malpractice during labor and birth.
After the medical documents and other evidence are obtained, our lawyers will bring a lawsuit against the defendants, which is typically the doctor or hospital involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This includes depositions and other medical records. Expert opinions are also included. The majority of cases filed against Erb's & Palsy are settled, but we can consider bringing your case to trial if it is necessary.
Trial preparation
The final step of pursuing compensation for a child's plexus brachial injury is to present your case before a jury or judge. Your Erb's palsy lawyer will try to show that the healthcare professional failed to perform their duties in a particular set of circumstances, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.
Typically, the parties will come to a deal prior to trial. This is done to satisfy the interests of both parties and bring the litigation to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of compensation is contingent upon the severity of the injury and how much medical treatment will be required in the future.
Parents of children with brachial plexus injuries are faced with significant costs and often struggle to pay for them. The financial compensation offered by an Erb's Palsy lawsuit may assist families with the costs they might incur in treating their children's condition. It may also cover lost wages, if the injury impacts a child's ability to work. It can also help alleviate the physical and emotional stress of living with an injury that has an impact that is profound on the child's life. An experienced attorney from Erb's palsy will assist families in pursuing the damages they deserve.