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Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. These funds may also help families deal with the emotional trauma of this birth injury.

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

Medical records

If a child is suffering from Erb's syndrome, it can be devastating for their family. The condition can cause pain and swelling, which can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step in filing an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may need to consult experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will give their opinion on whether your child's Erb's ailment was the result of an error made by a doctor, or due to natural causes.

Erb's Palsy is caused by several factors. The most common cause is that 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 methods that doctors can employ to stop this from happening. If your child has been diagnosed with this birth injury, you should contact a lawyer immediately to make a claim. The compensation you receive from a successful lawsuit can help pay for your child's medical bills 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 expert will be required to examine your Erb's palsy case. They will give their opinion on what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also assist you to determine the extent of your injuries and how they could affect your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. It is more prevalent in vaginal births but can happen during c-sections. The injury is often caused when doctors have to move the baby's shoulders to facilitate the delivery. The procedure can tear and stretch the nerves in the armpit causing permanent damage.

In some cases the injury may be treated with surgery, but it may still cause issues. Children suffering from this condition may not be able their hands or use their arms. This can affect their health, especially if they are unable to perform everyday tasks. Certain people may benefit from muscle transfer surgeries that involve the surgical placement of stronger muscles or tendons that support the weaker ones.

When you file a claim your lawyer will collect as much evidence as possible and send it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. After that, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the experience and resources to fully investigate your child's case and determine whether the negligence of a medical professional led to the brachial plexus injury.

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

A few babies with Erb's paralysis recover completely and can move their arms normally. However, some babies suffer permanent nerve damage and will be handicapped for the remainder of their lives. Fortunately, the majority cases of Erb's syndrome can be prevented and are the result of medical negligence during labor and delivery.

Once the medical documents and other evidence are taken into consideration, our lawyers will begin a lawsuit against defendants, which is usually the doctor or hospital involved in the birth of your child. After the lawsuit is filed, the process of discovery will begin. This will include depositions as well as additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, but we are prepared to pursue your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial-plexus injury is presenting evidence to a judge or jury. Your Erb's ailment lawyer will try to establish that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The defendant's lawyers will attempt to convince a jury or judge that they acted in a reasonable manner.

In the majority of cases, the parties reach an agreement prior to trial. The intention is to satisfy both parties' needs and stop the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will come to an end. The amount of money awarded is based on the severity the injury and how much medical treatment will be required in the future.

Parents of children with brachial plexus injury face substantial costs and often struggle to pay for them. The financial compensation offered by an Erb's Palsy lawsuit may assist families with the costs they may incur to treat their children's condition. 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 stress of being a victim of an injury that has a profound impact on the life of a child. An experienced family lawyer who has experience in the field of Erb's Palsy will assist families to receive the compensation they deserve.