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Erb's Palsy Litigation A child with erb's palsy may receive compensation to cover treatment and future medical expenses. The funds could also help families deal with the emotional stress of this birth injury. Your lawyer will look over your medical records and determine how much your case is worth. They will then file the lawsuit and give the defendants 30 days to respond. Medical records If a child is affected by Erb's palsy, it could be devastating for their family. The condition can cause swelling, pain and disability that could affect a child's ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer will 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 records as well as witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. They will give you their opinion on whether the Erb's Palsy in your child was caused by an undiagnosed medical issue or natural causes. A variety of factors can trigger Erb's paralysis in various ways. Most often, doctors is prone to using excessive force during labor and delivery. This can tear or stretch brachial nerves and trigger the condition. There are a variety of techniques doctors can use to avoid this. If your child has been diagnosed with this birth injury, it is important to contact a lawyer immediately to make a claim. A successful lawsuit could help pay for medical bills and other costs related to the injury. This can help reduce the financial burden and improve your child's overall quality of life. Expert witness reports A medical professional is required to examine the case of Erb's Palsy and give a final opinion on the cause of the injury, and whether it was caused by negligence by a doctor. The expert can also help you determine how serious your injuries are and how they may affect your future. Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more frequent during vaginal births but may also occur during c-sections. This injury happens when doctors move the shoulders of a baby to ease delivery. The procedure can tear and stretch the armpit nerves which can cause permanent damage. In certain cases the injury can be treated with surgery, but it could still cause problems. Children suffering from this condition may not be able use their arms or raise their hands. This could affect their quality of life, particularly if they are unable to play sports or do everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to help weaker ones. Your lawyer will collect as any evidence as you can and forward it to the attorneys of the defendants. The defendants have 30 days to respond. After that the court will then schedule your Erb's Palsy lawsuit for trial. Documentation Families can seek compensation for the harm their children sustained by filing lawsuits against Erb's Palsy. In addition, they can stop future medical errors from occurring by holding the responsible parties accountable. Our lawyers have the knowledge and resources to thoroughly investigate your child's case and determine if an error by a medical professional led to a brachial plexus injury. One of the most frequent 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 could be due to the improper use or vacuum extractors. It can also be due to a long labor causing stress on the baby's shoulders and head. Some babies suffering from Erb's palsy recover completely and are able to move their arm normally again. But, others suffer permanent nerve damage and suffer from disability for the rest of their lives. Thankfully, most cases of Erb's paralysis can be prevented and are the result of medical negligence during labor and delivery. After the medical records and other evidence are taken into consideration, our lawyers will bring a lawsuit against the defendants, typically the hospital or doctor involved in the birth of your child. After the lawsuit is filed, the process of discovery will begin. This includes depositions and additional medical records. Expert opinions are also incorporated. Most Erb's Palsy lawsuits are settled, but we may bring your case to 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 is going to try to prove that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted in a reasonable manner. In most cases, the parties reach an agreement prior to trial. This is designed to meet the needs of both parties and bring the lawsuit to an end. erb's palsy law firm tustin will receive a lump sum of money and the lawsuit will close. The amount of compensation will depend on the severity and medical requirements of the injury. Families with children who have brachial plexus injuries often struggle to cover the costs. A lawsuit against Erb's Palsy can offer financial compensation to families who are likely to pay for the treatment of their children's illness. It also helps cover lost wages if the injury impacts the child's ability to work in the future. Finally, it can help to ease the emotional and physical stress of living with an injury that can alter the course of life. A family lawyer with experience in the field of Erb's Palsy will assist families to receive the compensation they deserve.