Erb's Palsy Litigation
Children who suffer from Erb's Palsy could receive compensation for future medical bills and treatments. erb's palsy law firm miami beach can assist families in dealing with this birth injury.
Your lawyer will review your medical records and determine how much your case is worth. They will then file the lawsuit and give defendants 30 days to respond.
Medical records
If a child is affected by Erb's palsy, it can be devastating for their entire family. The condition can cause pain, swelling and impairment that can hinder the ability of a child to use their hand 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 an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinion on whether your child's Erb's ailment was caused by a doctor's error or due to natural causes.
Several factors can lead to Erb's Palsy in a variety of ways. Most commonly, a doctor may use too much force during labor and delivery. This can cause strain or tear to brachial nerves and cause the condition. There are fortunately, specific techniques that physicians can employ to stop this from happening. You should consult with an attorney as soon as your child was diagnosed with this birth defect. A successful lawsuit could assist in paying for medical expenses and other costs related to the injury. This will help your child's financial burden and enhance the quality of their life.
Expert Witness Reports
A medical expert will be required to look over your Erb's palsy case and give a final opinion on the cause of the injury and whether it was caused by negligence by a doctor. The expert will also assist you to determine the severity of your injuries and how they will affect your life in the 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 usually occurs when doctors have to move the baby's shoulders to facilitate delivery. The procedure can tear and stretch the armpit nerves which can cause permanent damage.
The injury can sometimes be repaired by surgery, but can still cause complications. Children with this type of injury may not be able to use their arms or raise their hands. This could impact their health, especially those who are unable perform everyday tasks. Certain people may benefit from a procedure called muscle transfer in which surgeons place stronger muscles or tendons that support the weaker ones.
Your lawyer will collect as many evidence as you can and send it to the lawyers of the defendants. The defendants have 30 days to respond. After this, the court will schedule your Erb's Palsy lawsuit for trial.
Documentation
Families can claim compensation for the injuries they suffered as children by filing a lawsuit for Erb's Psy. In addition, they can keep medical errors from happening again by holding the responsible parties accountable. Our lawyers have the experience and resources to thoroughly examine your child's medical history and determine if negligence by a medical professional contributed to the brachial plexus injury.
Erb's spalsy can be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during delivery. This may be due to the improper use of vacuum extractors or forceps or a prolonged labor that causes stress on a baby's head and shoulders or shoulder dystocia.
A few babies who suffer from Erb's paralysis recover completely and will be capable of moving their arms in a normal way. 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 are the result of medical negligence during labor and delivery.
Once the medical documents and other evidence are obtained, our lawyers will start a lawsuit against defendants, which is typically the hospital or doctor who was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, additional medical records, and expert opinions. The majority of the Erb's palsy cases end in settlement, however we are prepared to pursue your case all the way through trial if needed.
Trial preparation
The final step of pursuing compensation for a child's brachial-plexus injury is to present arguments to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The defendant's lawyers will attempt to convince a judge or jury that they acted reasonable.
Typically, the parties agree to a settlement prior to trial. The settlement is intended to satisfy both parties' interests and to end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation received will depend on the severity of the injury and the amount of medical treatment will be required in the future.
Parents of children suffering from brachial plexus injury face substantial costs and often struggle to cover them. A lawsuit involving Erb's palsy could offer financial relief to families who may have to incur expenses in treating their children's ailments. It also assists in recouping lost wages if the injury hinders a child's ability to work in the future. It can also help cover the emotional and physical stress of having an injury that has an enormous impact on the child's life. A family lawyer with experience in Erb's Palsy can assist families in obtaining the compensation they are entitled to.