Erb's Palsy Litigation

Children with Erb's Palsy can be compensated for future medical expenses and treatment. These funds can assist families in dealing with the trauma of birth.

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

Medical records

If a child has Erb's palsy, it can be devastating for their families. The condition can cause pain and swelling, which can make it difficult for children to do basic tasks like playing sports or putting on their shirt. A knowledgeable lawyer for Erb's palsy can help families receive compensation for their losses.

The first step of filing an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may have consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will provide their opinion on whether the Erb's Palsy in your child was the result of an error in medicine or natural cause.

There are many factors that can trigger Erb's paralysis in various ways. The most frequent cause is when a doctor uses excessive force during labor and delivery. This can tear or stretch the brachial plexus nerves leading to the condition. There are methods that doctors can employ to prevent this. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. A successful case could be able to pay for medical bills and other expenses relating to the injury. This can alleviate financial burdens and improve your child's quality of life.

Expert witness reports

An expert medical will be required to evaluate your Erb's palsy case. They will offer their opinion on what caused the injury, and whether or not it was caused by negligence by a physician. The expert will also help you determine the severity of your injuries and how they will affect your future life.

Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more frequent in vaginal births, but can occur during C-sections. The injury is often caused when doctors have to move the baby's shoulders to facilitate the delivery. The process can strain or tear nerves in the armpit, causing permanent damage.

In some instances the injury can be corrected through surgery, but it could still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This could impact their well-being, especially those who are unable play sports or do everyday tasks. Certain people might benefit from muscle transfers, where surgeons place stronger tendons or muscles to help weaker ones.

If you file a claim your lawyer will collect as much evidence as is possible and then submit it to defendants' attorneys. The defendants have 30 days to respond. Following this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the injuries their children sustained by filing lawsuits against Erb's Palsy. They also can prevent future medical errors by holding responsible parties liable. Our lawyers are equipped with the experience and resources needed to investigate your child's injury and determine if the negligence of a medical professional caused the injury.

One of the most frequent instances of medical malpractice that causes Erb's Palsy is when a doctor pulls too hard on a baby's head, neck or shoulders during labor and delivery. This may be due to the incorrect use of vacuum extractors or Erb's Palsy lawsuits forceps or a prolonged labor that results in stress on a baby's shoulders and head, or shoulder dystocia.

Some babies with Erb’s palsy can fully recover and be capable of moving their arms in a normal way. However, some babies have permanent nerve damage and suffer from a disability for the rest of their lives. Most cases of Erb’s palsy can be prevented and are caused by medical negligence during labor and delivery.

After the medical records and other evidence is collected, our attorneys will file a lawsuit against the defendants, which are typically the doctor or hospital involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions, further medical documents, as well as expert opinions. The majority of Erb's Palsy lawsuits end with a settlement, but we're ready to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to present evidence before a jury or judge. Your Erb's palsy lawyer will attempt to establish that the healthcare professional failed to act in a reasonable way under a specific scenario, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.

In most cases, the parties come to an agreement prior to trial. This is done to meet the needs of both parties and bring the case to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation will depend on the severity and medical requirements of the injury.

Parents of children who suffer from brachial plexus injuries are faced with significant expenses and often have to cover these costs. The financial compensation offered by an Erb's psy suit can aid families in paying for the costs they may incur for treating their children's condition. It also helps to cover lost earnings if the injury affects the ability of a child to work in the future. It can also help alleviate the physical and emotional burden of dealing with an injury that has an immense impact on the life of a child. A family attorney who has expertise in Erb's palsy can assist families in obtaining the compensation they are entitled to.