5 Lessons You Can Learn From Erb's Palsy Lawyers
Erb's Palsy Litigation
A child suffering from erb's palsy may be eligible for compensation to pay for medical treatment and future expenses. These funds can also help families cope with the emotional trauma caused by this birth injury.
Your lawyer will look over your medical records and determine the value your case is worth. erb's palsy law firm san marcos will be filed and defendants have 30 days to respond.
Medical records
When a child suffers from Erb's syndrome, it can be devastating for their entire family. The condition can cause swelling, pain and impairment that can hinder a child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families get compensation for their losses.
The first step in filing a claim for medical negligence is to collect evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will go through the documents and may have consult with experts in obstetrics and anesthesia, and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's syndrome was the result of the error of a doctor or due to natural causes.
Erb's Palsy may be caused by many factors. The most common cause is when a physician uses too much force during labor and birth. This can tear or stretch the brachial plexus nerves, leading to the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. 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 lawsuit could help pay for medical bills and other expenses related to the injury. This can reduce the financial burden of your child and improve their quality of life.
Expert witness reports
A medical professional will be needed to review the case of Erb's Palsy and give a final opinion on what caused the injury and if it was caused by a doctor's negligence. 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. This is more prevalent during vaginal births, but may also occur during c-sections. The injury usually occurs when doctors have to move a baby's shoulders around to facilitate the delivery. The process can pull or tear the nerves in the armpit, leading to permanent damage.
In certain instances the injury can be corrected with surgery, but it could still cause issues. Children suffering from this condition may not be able their hands or use their arms. This could impact their health, especially when they are unable to perform everyday tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons or muscles to support weaker ones.
If you file a claim, your lawyer will gather the most evidence possible and send it to defendants' attorneys. The defendants will then have 30 days to respond to your claim. After that the court will decide when to schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can get compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. Additionally, they help prevent future medical errors by holding the responsible parties accountable. Our lawyers have the knowledge and resources to fully investigate your child's medical history and determine if the negligence of a medical professional led to the brachial plexus injury.
One of the most common instances of medical malpractice that causes Erb's Palsy is when a doctor pulls too hard on a baby's head, neck or shoulders during labor and birth. This could be due to the improper use of vacuum extractors. It could be caused by long labor that causes stress to the baby's head and shoulders.
Some babies with Erb’s palsy will fully recover and be able to move their arms again. However, some babies suffer permanent nerve damage and suffer from a disability for the rest of their lives. Fortunately, the majority of cases of Erb's syndrome are preventable and a result of medical carelessness during labor and delivery.
Once the medical records and other evidence is collected, our attorneys will bring a lawsuit against the defendants, which is typically the hospital or doctor involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions, as well as other medical documents. Expert opinions are also provided. Most Erb's palsy lawsuits end in settlement, however we are prepared to take your case to 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 try to establish that the healthcare provider failed to act reasonable in a certain set of circumstances. The lawyer representing the defendant will attempt to convince a judge or jury that they were able to act in a reasonable manner.
Typically, the parties settle the case prior to trial. This is done to satisfy the interests of both sides and bring the lawsuit to a close. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent upon the severity of the injury and the amount of medical care is required in the future.
Parents of children with brachial plexus injuries are faced with significant costs and often struggle to cover them. Financial compensation from an Erb's palsy lawsuit could assist families with the costs they might incur in treating their children's condition. It also assists in recouping lost wages if the injury impacts a child's ability to work in the future. In addition, it helps deal with the emotional and physical stress of living with a life-altering birth injury. An experienced attorney for Erb's Palsy can help families pursue the damages they are entitled to.