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Erb's Palsy Litigation A child with erb's palsy may receive compensation to cover future medical costs and treatment. These funds may also help families deal with the emotional trauma of this birth injury. Your lawyer will go through 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 It can be devastating to families when a child suffers from Erb's palsy. The condition can cause swelling and pain, which can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer can assist families get compensation for their losses. The first step in submitting an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may have to consult experts in obstetrics or anesthesia, and orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child is due to an error in medicine or natural causes. There are many factors that can trigger Erb's palsy. The most common is when a doctor uses too much force during labor and birth. This can cause strain or tear to brachial nerves and trigger the condition. There are strategies that doctors can employ to prevent this. You should contact an attorney immediately if your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses and other costs related to the injury. This could ease your child's financial burden and enhance their life quality. Expert Witness Reports A medical expert will be needed to review the case of Erb's Palsy and provide a verdict on what caused the injury and if it was due to a doctor's negligence. The expert will also help determine the severity of your injuries and how they might impact your life in the future. Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more common in vaginal births, but can occur during c-sections. erb's palsy law firm miami gardens occurs when doctors must move the baby's shoulders to facilitate delivery. The process can cause nerve damage or stretch in the armpit, leading to permanent damage. In some cases, the injury can be treated with surgery, but it can still cause issues. Children who suffer from this condition may not be able to use their arms or raise their hands. This can affect their quality of life, particularly when they are unable to participate in sports or carry out everyday tasks. Certain people can benefit from muscle transfer surgeries, in which surgeons implant stronger muscles or tendons to support the weaker ones. If you file a claim your lawyer will gather the most evidence possible and present it to defense 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 Erb's palsy lawsuits can help families obtain compensation for injuries sustained by their children. Additionally, they help stop future medical errors from occurring by holding the parties responsible 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 his or her brachial plexus injury. One of the most common instances of medical malpractice causing Erb's syndrome is when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and birth. This can be caused by the improper use or vacuum extractors. It can also be caused by a prolonged labor that puts stress on the baby's head and shoulders. Some children with Erb's Palsy will fully recover and be capable of moving their arms again. However, other babies have permanent nerve damage and will be disabled for the rest of their lives. The majority of cases of Erb's Palsy can be prevented and are the result of medical malpractice during labor and birth. After the medical records and other evidence have been collected, our attorneys will bring a lawsuit against the defendants, typically the doctor or hospital involved in the birth of your child. After the lawsuit is filed, the process of discovery will begin. This includes depositions, as well as other medical records. Expert opinions are also available. The majority of Erb's Palsy lawsuits are settled, but we will take your case to trial if necessary. Trial preparation The final step to pursue compensation for injuries to the brachial plexus in children is to present evidence before a jury or judge. Your Erb's ailment 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 try to convince a judge or jury that they acted in a reasonable manner. In most instances, the parties reach an agreement before the trial. This is done to satisfy the desires of both parties and bring the case to an end. The plaintiffs will receive a lump sum of money and the lawsuit will come to an end. The amount of compensation received will depend on the severity of the injury and how much medical care is required in the future. Children with brachial plexus injury face substantial costs and often struggle to cover the costs. Financial compensation from an Erb's Palsy lawsuit may aid families in paying for the costs they might incur in treating their children's illness. It also assists with the loss of wages if the injury impacts the ability of a child to work in the future. It also helps to ease the emotional and physical stress of having an injury that can have an enormous impact on a child's life. An experienced Erb's palsy attorney can assist families in pursuing the damages they deserve.