Erb's Palsy Litigation

Children with Erb's Palsy can be compensated for future medical expenses and treatment. These funds can aid families to cope with the birth injury.

Your lawyer will review your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

It can be a devastating experience for the family of a child who has the condition Erb's - Palsy. The condition can cause swelling and pain, which can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. A lawsuit filed by a knowledgeable Erb's Palsy lawyer can help families get compensation for their losses.

The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child is due to an error in medicine or natural cause.

There are many factors that can trigger Erb's Palsy in a variety of ways. Most commonly, a doctor is prone to using too much force during labor and delivery. This can stretch or tear brachial nerves and cause the condition. Fortunately, there are specific techniques that physicians can use to prevent this from happening. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. A successful claim could help pay for medical bills as well as other costs associated with the injury. This can help ease the financial burden of your child and improve their quality of life.

Expert witness reports

A medical professional is required to evaluate the case of Erb's Palsy and provide an opinion on the cause of the injury and if it was due to the negligence of a doctor. The expert will also assist you to determine the severity of your injuries and how they might affect your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more common during vaginal births however it can occur during C-sections. This injury happens when doctors move the shoulders of a newborn to ease the delivery process. The process can stretch or tear the nerves in the armpit, which can cause permanent damage.

The injury can sometimes be repaired by surgery, but it can cause complications. Children suffering from this condition may not be able raise their hands or use their arms. This could impact their quality of life, erb's palsy attorney particularly when they are unable to play sports or do everyday tasks. Some people may benefit from muscle transfers, in which surgeons insert stronger tendons or muscles to help weaker ones.

Your lawyer will gather as much evidence as you can, and send it to the attorneys of the defendants. The defendants have 30 days to respond. After that, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the injuries they suffered as children by filing lawsuits against Erb's Palsy. They also help prevent future medical errors by holding accountable parties liable. Our lawyers have the knowledge and resources to thoroughly examine your child's case and determine if negligence by a medical professional contributed to the brachial plexus injury.

Erb's Palsy is often caused by a physician pulling too hard on the baby's neck, head, or shoulders during birth. This could be due to the improper use of vacuum extractors or forceps or a prolonged labor that creates stress on a baby's head and shoulders or shoulder dystocia.

Some babies with Erb's palsy recover completely and can move their arms again. But, others suffer permanent nerve damage and will be handicapped for the remainder of their lives. The majority of cases of Erb's palsy can be prevented and result from medical malpractice during labor and birth.

After the medical records and other evidence have been obtained, our lawyers will file a lawsuit against the defendants, which is typically the hospital or doctor who was involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions and additional medical documents. Expert opinions are also provided. The majority of erb's palsy attorneys Palsy lawsuits end in settlement, but we're ready to take your case to trial if needed.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus in children is to present arguments before a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional did not act in a reasonable way under a specific situation, while the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.

Typically, the parties will reach a settlement before trial. This is done to meet the needs of both sides and bring the lawsuit to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and medical requirements of the injury.

Parents of children with brachial plexus injuries are faced with significant costs and often struggle to cover these costs. A lawsuit for Erb's Palsy can offer financial compensation to families that may need to pay for the treatment of their children's illness. It also helps to cover lost wages if the injury impacts a child's ability to work in the future. It can also help to ease the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can assist families in pursuing the damages they are entitled to.