Erb's Palsy Litigation

A child suffering from erb's palsy may be eligible for compensation to pay for treatment and future medical expenses. The funds could also help families deal with the emotional trauma of this birth injury.

Your lawyer will scrutinize your medical documents to determine the merits of your case. The lawsuit will be filed, Erb's palsy lawsuits and the defendants will have 30 days to respond.

Medical Records

It can be devastating for the family of a child who is diagnosed with Erb's Palsy. The condition can cause pain, swelling and disability that may affect a child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can help families receive compensation for their losses.

The first step in filing a claim for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will give their opinion on whether the child's Erb's syndrome was caused by the error of a doctor or due to natural causes.

Erb's Palsy may be caused by several factors. Most commonly, a doctor may use too much force when performing labor and delivery. This can stretch or tear the brachial plexus nerves, which can cause the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. You should consult 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 be used to pay your child's medical bills and other expenses related to the injury. This could help your child's financial burden and improve their quality of life.

Expert Witness Reports

A medical professional will be required to examine your case of Erb's palsy and provide a verdict on the cause of the injury and if it was due to a doctor's negligence. The expert will also help you determine the extent of your injuries and how they will impact your life in the future.

Erb's Palsy is caused by a birth injury 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 baby's shoulders to ease delivery. The process may pull or tear the nerves in the armpit, leading to permanent damage.

In some instances injuries can be treated with surgery, but it may still cause issues. Children suffering from this condition may not be able to raise their hands or use their arms. This can affect their health, especially if they are unable to play sports or do everyday tasks. Some people may benefit from muscle transfers, in which surgeons place stronger tendons or muscles to help weaker ones.

Your lawyer will gather as many evidence as you can, and send it to the attorneys 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

Families can receive compensation for the harm their children sustained through filing Erb's Palsy lawsuits. Additionally, they help keep medical errors from happening again by holding the parties responsible accountable. Our lawyers have the experience and resources needed to investigate your child's injury and determine if a medical professional's negligent actions caused the injury.

Erb's Palsy is often caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during the delivery. This could be due the incorrect use of vacuum extractors or forceps and a long labor that causes stress on a baby's shoulders and head, or shoulder dystocia.

A few babies who suffer from Erb's paralysis can fully recover and be capable of moving their arms in a normal way. Some babies sustain permanent nerve damage, and may be disabled for the rest of their lives. Most cases of Erb's paralysis can be avoided and are caused by medical malpractice during labor and delivery.

Our attorneys will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all medical records and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions, further medical records, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we are prepared to take your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial nerve injury is presenting arguments to a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare provider failed to be reasonable in a particular set of circumstances. The attorneys representing the defendant will attempt to convince a jury or judge that they acted in a reasonable manner.

In most cases, the parties come to an agreement before the trial. This is done to satisfy the interests of both sides and bring the case to an end. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation is based on the severity the injury and how much medical care will be needed in the future.

Children with brachial plexus injuries face significant costs and often struggle to cover these costs. The financial compensation offered by an Erb's palsy lawsuit could assist families with the costs they could incur in order to treat their children's illness. It also helps cover lost earnings if the injury affects a child's ability to work in the future. Finally, it can help cover the physical and emotional anxiety of living with a life-altering birth injury. A family attorney who has experience in Erb's Palsy can help families receive the compensation they are entitled to.