Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. These funds can aid families to cope with the trauma of birth.

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

Medical Records

When a child suffers from Erb's palsy, it could be devastating for the family. The condition can cause pain, swelling and disability that could affect the 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 the losses they have suffered.

The first step to file 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 have consult with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's palsy was caused by an error made by a doctor, or due to natural causes.

Many factors can cause Erb's Palsy in a variety of ways. Most often, a doctor is prone to using too much force when they perform labor and Erb's palsy lawyers delivery. This can stretch or tear the brachial plexus nerves leading to the condition. There are strategies that doctors can use to avoid this. You should consult with an attorney right away if you suspect that your child was diagnosed with this birth defect. The money you receive from a successful claim will help pay for the medical bills of your child and other expenses associated with the injury. This can help ease the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical professional will be required to examine your Erb's case and give a final opinion on the cause of the injury, and whether it was caused by a doctor's negligence. The expert will also help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more prevalent during vaginal births but can also happen during c-sections. This injury happens when doctors move the shoulders of a newborn to facilitate delivery. The process can cause nerve damage or stretch in the armpit, causing permanent damage.

In some cases the injury can be corrected with surgery, but it can still cause problems. Children with this type of injury may not be able use their arms or raise their hands. This can affect their quality of life, especially those who are unable play sports or do everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.

When you file a claim your lawyer will gather as much evidence as they can and present it to defendants' attorneys. The defendants have 30 days to respond. After that the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits help families get compensation for their children's injuries. They can also stop further medical errors by holding responsible parties accountable. Our lawyers have the knowledge and resources to fully examine your child's medical history and determine if an error by a medical professional led to a brachial plexus injury.

One of the most common instances of medical malpractice that causes Erb's Palsy lawyers syndrome is when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and birth. This may be due to the incorrect use of forceps or vacuum extractors as well as a long labor which causes stress on a baby's shoulders and head or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and are able to move their arm normally again. Some babies are permanently affected by nerve damage, and may be disabled for the rest their lives. The majority of cases of Erb's palsy can be avoided and result from medical negligence during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all medical documents and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions, as well as other medical records. Expert opinions are also provided. The majority of Erb's Palsy lawsuits are settled, but we will take your case to trial if it is necessary.

Trial preparation

The final step to pursue compensation for a child's brachial nerve injury is to present your case to a judge or jury. Your Erb's lawyer will try to prove that the healthcare professional failed to act in a reasonable way under a specific situation, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.

Typically, Erb's Palsy Lawyers the parties will settle the case prior to trial. This is done to satisfy the interests of both parties and bring the lawsuit to a close. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of compensation will depend on the severity and medical requirements of the injury.

Families with children who have brachial plexus injury often struggle to pay for the costs. A lawsuit against Erb's Palsy can offer financial compensation to families who may have to pay for treatment costs for their children's condition. It also assists with the loss of wages if the injury impacts the child's ability to work in the future. In addition, it helps deal with the emotional and physical anxiety of living with a life-altering birth injury. An experienced attorney from Erb's palsy will assist families in pursuing the compensation they deserve.