Erb's Palsy Litigation
Children with Erb's Palsy can receive compensation for future medical bills and treatments. These funds may also help families deal with the emotional trauma that comes from this birth injury.
Your lawyer will review your medical documents to determine the merits of your case. They will then file the lawsuit and give the defendants 30 days to respond.
Medical records
When a child suffers from Erb's syndrome, it can be devastating for their families. The condition can cause pain and swelling that can make it difficult for children to do everyday tasks such as playing sports or putting on their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families get compensation for their losses.
The first step in submitting a medical malpractice claim is to gather evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will scrutinize these documents and may even need to consult with experts in obstetrics, anesthesia and orthopedic surgery. Experts will give their opinions on whether Erb's palsy in your child was caused by an undiagnosed medical issue or natural causes.
Erb's Palsy can be caused by a variety of causes. The most common cause is that a doctor may use excessive force during labor and delivery. This can tear or stretch the brachial plexus nerves, leading to the condition. There are strategies that doctors can use to avoid this. You should consult with an attorney immediately if your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit can be used to pay the medical bills of your child and other expenses associated with the injury. This can help ease the financial burden of your child and enhance their life quality.
Expert witness reports
An expert medical will be required to examine your Erb's palsy case. They will provide their opinion on the cause of the injury, and whether or not it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they will affect your future.
Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more common in vaginal births, but can occur during C-sections. The injury is often caused by doctors who have to move the baby's shoulders in order to facilitate the delivery. The process can strain or tear nerves in the armpit, which can cause permanent damage.
The injury is sometimes repaired through surgery, but it could cause complications. Children with this condition may not be able raise their hands or use their arms. This could negatively impact their quality of life, especially if it prevents them from playing sports or performing everyday tasks. Certain people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons to support weaker ones.
Your lawyer will collect as the evidence you can and send it to the lawyers of the defendants. erb's palsy attorneys kansas city have 30 days to respond. The court will then set the date for your Erb’s Palsy trial.
Documentation
Erb's palsy lawsuits help families receive compensation for their children's injuries. In addition, they can keep medical errors from happening again by holding the responsible parties accountable. Our lawyers have the expertise and resources to fully examine your child's case and determine if negligence by a medical professional contributed to his or her 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 delivery. This may be due to the incorrect use of forceps or vacuum extractors and a long labor that puts stress on the baby's shoulders and head or shoulder dystocia.
Some children with Erb's Palsy can fully recover and be able to move their arms normally again. However, some babies have permanent nerve damage and will be disabled for the remainder of their lives. The majority of cases of Erb's palsy can be avoided and are the result of medical malpractice during labor and delivery.
After the medical records and other evidence have been collected, our attorneys will begin a lawsuit against defendants, which are typically the hospital or doctor involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This includes depositions, further medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlement, but we are prepared to pursue your case to trial if necessary.
Trial preparation
The final step to pursue compensation for injuries to the brachial plexus suffered by children is to present arguments before a judge or jury. Your Erb's palsy lawyer is going to try to establish that the healthcare professional did not behave in a reasonable manner under a particular scenario, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional was acting reasonably.
Typically, the parties will settle the case 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. The amount of compensation will depend on the severity and medical requirements of the injury.
Parents of children with brachial plexus injuries are faced with significant costs and often struggle to cover the costs. Financial compensation from an Erb's palsy lawsuit could aid families in paying for the costs they could incur in order to treat their children's condition. It also assists in recouping lost wages if an injury has a negative impact on the child's ability to work in the future. It also helps to ease the physical and emotional strain of dealing with an injury that can have an impact that is profound on the life of a child. An experienced family lawyer who has expertise in Erb's palsy can help families get the damages they deserve.