Erb's Palsy Litigation

A child suffering from erb's palsy could be eligible for compensation to cover medical treatment and future expenses. These funds can also assist families cope with the emotional trauma of this birth injury.

Your lawyer will examine your medical records and determine the value your case is worth. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical Records

If a child is suffering from Erb's palsy, it can be devastating for the family. The condition can cause pain, swelling and disability that could affect a child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer could help families recover compensation for their losses.

The first step in filing a claim for medical negligence is to collect evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may have consult with experts in obstetrics and anesthesia and orthopedic surgery. These experts will provide 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 paralysis in various ways. The most common reason is when a doctor uses too much force during labor and birth. This can cause strain or tears to the brachial plexus nerves, which can cause the condition. Fortunately, there are specific methods that doctors can employ to prevent this from happening. It is important to contact an attorney right away if your child was diagnosed with this birth defect. A successful claim could aid in the payment of medical bills as well as other costs associated with the injury. This will ease your child's financial burden and improve their life quality.

Expert Witness Reports

A medical professional is required to examine your Erb's case and provide an opinion on what caused the injury and if it was due to a doctor's negligence. The expert will also help you determine the severity of your injuries and how they will impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more prevalent during vaginal births but may also occur during c-sections. The injury is typically caused when doctors must move a baby's shoulders to facilitate delivery. The procedure can tear and stretch the nerves in the armpit creating permanent damage.

The injury is sometimes corrected by surgery, but it may cause complications. Children who suffer from this condition might not be able to raise their hands or use their arms. This could affect their quality of life, especially when they are unable to participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers, where surgeons insert stronger tendons or muscles to support weaker ones.

If you file a claim your lawyer will gather as much evidence as is possible and send it to lawyers of the defendants. The defendants will then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can seek compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding responsible parties accountable. Our lawyers have the resources and experience to investigate your child's injury and determine if a medical professional's negligent actions caused the injury.

One of the most frequent instances of medical malpractice that causes Erb's palsy is when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and delivery. This may be due to the incorrect use of forceps or vacuum extractors, Erb's palsy lawsuits a long labor that creates stress on a baby's shoulders and head or shoulder dystocia.

A few babies with Erb's paralysis recover completely and are able to move their arm normally again. However, other babies have permanent nerve damage and will suffer from a disability for the rest of their lives. Most cases of Erb's paralysis can be prevented and are caused by medical negligence during labor and birth.

Once the medical documents and other evidence are taken into consideration, 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 begins once the lawsuit has been filed. This includes depositions and additional medical documents. Expert opinions are also incorporated. Most Erb's palsy lawsuits end in settlement, however we're prepared to take your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for a child's brachial nerve injury is presenting evidence before a jury or judge. 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 lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonably.

Typically, the parties will agree to a settlement prior to trial. The intention is to satisfy both parties' needs and also to close the case. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of compensation received depends on the severity of the injury and how much medical care is required in the future.

Families with children suffering from brachial plexus injury often struggle to pay for the costs. A lawsuit for Erb's Palsy could provide financial compensation to families who are likely to pay for the treatment of their children's illness. It can also cover lost wages, if the injury impacts a child's ability to work. It can also help cover the physical and emotional burden of dealing with an injury that can have an immense impact on the life of a child. An experienced Erb's palsy attorney will assist families in pursuing the damages they deserve.