Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. These funds can also assist families cope with the emotional trauma of this birth injury.

Your lawyer will look over your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be devastating for a family when a child has the condition Erb's - Palsy. The condition can cause pain and swelling that can make it difficult for a child to do basic tasks like playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step of filing an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinion on whether the Erb's Palsy in your child was due to an undiagnosed medical issue or natural causes.

A variety of factors can trigger Erb's Palsy in a variety of ways. The most common cause is when a physician uses excessive force during labor Vimeo and delivery. This can cause strain or tears to the brachial plexus nerves, which can cause the condition. There are fortunately, specific techniques that physicians can use to prevent this from happening. It is recommended to speak with an attorney right away if you suspect that your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit can help pay for your child's medical bills and other expenses associated with the injury. This can ease the financial burden and improve your child's overall quality of life.

Expert Witness Reports

An expert medical will be required to review your Erb’s palsy case. They will give 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 extent of your injuries and how they might impact your life in the future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This occurs more often during vaginal births but can also happen during c-sections. The injury is typically caused when doctors have to move a baby's shoulders to facilitate the delivery. The process can cause stretching and Vimeo tear to the nerves of the armpit and cause permanent damage.

In some instances the injury may be repaired with surgery, but it could still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This can be detrimental to their daily living, especially if it prevents them from participating in sports or performing everyday tasks. Some people are able to benefit from muscle transfer surgeries where surgeons insert stronger muscles or tendons to support the weaker ones.

If you file a claim, your lawyer will collect the most evidence possible and present it to lawyers of the defendants. The defendants then have 30 days to respond to your claim. The court will then schedule your Erb's Palsy trial.

Documentation

Erb's palsy lawsuits help families get compensation for their children's injuries. They also can prevent future medical errors by holding accountable parties accountable. Our lawyers have the resources and experience to investigate the injuries of your child and determine if a medical professional's negligent actions caused it.

Erb's Palsy can be caused by a physician pulling too hard on the baby's neck, head, or shoulders during delivery. This could be due the improper use of forceps or vacuum extractors and a long labor that puts stress on the baby's head and shoulders, or shoulder dystocia.

Some children with Erb's Palsy will recover completely and be capable of moving their arms in a normal way. Some babies suffer permanent nerve damage, and may be disabled for the rest their lives. Thankfully, the majority of cases of Erb's paralysis can be prevented and are the result of medical inattention during labor and Vimeo birth.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all the medical documents and evidence. The discovery process starts after the lawsuit has been filed. This includes depositions, further medical documents, and expert opinions. Most delano erb's palsy lawsuit Palsy lawsuits are resolved, but we will take your case to trial if necessary.

Trial preparation

The final step to pursue compensation for brachial-plexus injuries in children is to present evidence before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a judge or jury that they acted reasonably.

Typically, the parties reach a settlement before trial. The intention is to satisfy both parties' needs and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and medical needs of the injury.

Families with children suffering from brachial plexus injury often struggle to pay for the costs. Financial compensation from an Erb's palsy lawsuit can help families with the expenses they may incur to treat their children's illness. It also helps to cover lost wages if an injury has a negative impact on the child's ability to work in the future. It can also help cover the physical and emotional burden of living with an injury that can have an impact that is profound on a child's life. A family lawyer with experience with Erb's Syndrome can help families receive the compensation they are entitled to.