Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical expenses and treatment. The funds could also help families deal with the emotional trauma caused by this birth injury.

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

Medical Records

It can be devastating to a family when a child has the condition Erb's - Palsy. The condition can cause pain, swelling and disability that could affect the child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer can help families recover compensation for their losses.

The first step to filing a claim for medical negligence is to collect evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will scrutinize these documents and may even require consultation with experts in obstetrics, anesthesia and orthopedic surgery. They will give you their opinion on whether Erb's Palsy in your child is due to an error in medical treatment or natural cause.

Several factors can lead to Erb's Palsy in a variety of ways. The most common cause is when a doctor applies too much force during labor and birth. This can stretch or tear the brachial plexus nerves leading to the condition. There are methods that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to start a lawsuit. A successful claim could assist in paying for medical expenses and other costs related to the injury. This can ease your child's financial burden and enhance their quality of life.

Expert witness reports

An expert medical is required to review your Erb’s palsy case. They will give their opinion on the reason for the injury, and whether or not it was due to negligence by a physician. The expert will also help you determine how serious your injuries are and how they might impact your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more frequent in vaginal births, however it can also occur during c-sections. This injury occurs when doctors move the shoulders of a baby in order to facilitate delivery. The process can strain and tear the nerves in the armpit which can cause permanent damage.

In certain instances the injury may be corrected through surgery, but it can still cause issues. Children with this condition might not be able to use their arms or raise their hands. This can affect their well-being, especially when they are unable to play sports or do everyday tasks. Certain people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons in order to support weaker ones.

When you file a claim your lawyer will gather the most evidence possible and submit it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After that the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm their children sustained by filing lawsuits against Erb's Palsy. Additionally, they help stop future medical errors from occurring by holding the responsible parties accountable. Our lawyers are equipped with the experience and resources needed to examine the injury of your child and determine if a medical professional's negligent actions caused the injury.

One of the most frequent instances of medical malpractice causing Erb's palsy occurs when a doctor pulls too hard on a baby's head, neck or shoulders during labor and delivery. This could be due to the improper use of vacuum extractors or forceps, a long labor that puts stress on the baby's head and shoulders or shoulder dystocia.

Some children with Erb's Palsy recover completely and can move their arms normally. However, some babies have permanent nerve damage and be handicapped for the remainder of their lives. The majority of cases of Erb's palsy can be avoided and are the result of medical negligence during labor and delivery.

Our attorneys will file a suit against the defendants (usually the doctor or hospital 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 as well as additional medical records. Expert opinions are also provided. The majority of Erb's Palsy lawsuits are settled, but we will bring your case to trial if needed.

Trial preparation

The final stage of seeking compensation for a child's brachial nerve injury is presenting evidence to a judge or jury. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyer representing the defendant will attempt to convince a jury or judge that they acted reasonably.

Typically, the parties reach a settlement before trial. This is designed to satisfy the desires of both sides and bring the lawsuit to a close. The plaintiffs will receive a lump sum of money and the lawsuit will be closed. The amount of compensation will depend on the severity and medical needs of the injury.

Families with children with brachial plexus injury often struggle to pay for the expenses. A lawsuit for Erb's Palsy could offer financial relief to families who may have to pay for medical expenses related to their children's illness. It can also pay for lost wages if the condition impacts a child's ability to work. In addition, it helps cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced Erb's palsy attorney can assist families to pursue the damages they are entitled to.