Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical expenses and treatment. The funds could also help families cope with the emotional trauma of this birth injury.

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

Medical records

If a child has Erb's syndrome, it can be devastating for their entire family. The condition can cause swelling, pain and disability that could affect the ability of a child to use their hands for basic functions like playing sports or even buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families to receive compensation for their losses.

The first step in submitting the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may have to consult experts in obstetrics and anesthesia and orthopedic surgery. These experts will provide their opinion on whether your child's erb's palsy lawyers ailment was caused by an error by a doctor or due to natural causes.

Erb's Palsy can be caused by many factors. Most commonly, a doctor may use too much force during labor and delivery. This can cause stretching or Erb's Palsy Attorney tears to the brachial nerves, leading to the condition. There are strategies that doctors can use to avoid this. If your child has been diagnosed with this birth injury, it is important to seek out a lawyer as soon as possible to make a claim. The compensation you receive from a successful lawsuit can be used to pay the medical bills of your child as well as other expenses related to the injury. This can reduce the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical professional will be required to look over your Erb's palsy case and give a final opinion on the cause of the injury and if it was caused by the negligence of a doctor. The expert will also help determine the severity of your injuries and how they may impact your life in the future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more common during vaginal births but can also occur during c-sections. The injury is often caused when doctors need to move a baby's shoulders around to facilitate the delivery. The process can strain and tear the nerves in the armpit creating permanent damage.

In certain cases the injury may be treated with surgery, but it may still cause issues. Children with this type of injury may not be able to use their arms or raise their hands. This can be detrimental to their living quality particularly if it hinders them from playing sports or doing the everyday chores. Some people are able to benefit from muscle transfer surgeries where surgeons insert stronger muscles or tendons to help support the weaker ones.

Your lawyer will gather as many 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 decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits can help families receive compensation for injuries sustained by their children. They also can prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injuries 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 syndrome is when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and delivery. This may be due to the incorrect use of forceps or vacuum extractors, a long labor that puts stress on the baby's shoulders and head or shoulder dystocia.

Some babies with Erb's palsy recover completely and can move their arms again. Some babies are permanently affected by nerve damage and will be disabled for the rest of their lives. Fortunately, the majority of cases of Erb's syndrome can be prevented and are the result of medical mistakes during labor and delivery.

Once the medical documents and other evidence are taken, our attorneys will begin a lawsuit against defendants, which are typically the hospital or doctor involved in your child's birth. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions as well as additional medical records. Expert opinions are also included. The majority of cases filed against Erb's & Palsy are settled, but we can bring your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's plexus brachial injury is presenting arguments to a judge or jury. Your Erb's palsy lawyer is going to try to show that the healthcare professional did not act reasonably in a specific situation, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional behaved reasonably.

Typically, the parties will reach a settlement before trial. This is designed to satisfy the desires of both sides and bring the case to an end. The plaintiffs will receive an amount of money in one lump and the lawsuit will be closed. The amount of money awarded is based on the severity the injury and how much medical care is required in the future.

Parents of children suffering from brachial plexus injuries face significant expenses and often have to cover these costs. The financial compensation offered by an Erb's palsy lawsuit could assist families with the costs they may incur for treating their children's illness. It may also cover lost wages if the injury affects a child's future ability to work. It can also assist in easing the emotional and physical stress of living with an injury that has an enormous impact on a child's life. An experienced Erb's palsy attorney can assist families to pursue the damages they are entitled to.