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

Medical records

It can be devastating to families when a child has the condition Erb's - Palsy. The condition can cause pain, Erb's Palsy Attorney swelling and disability that can affect the ability of a child to use their hands for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step of filing the medical malpractice claim is to gather evidence of negligence. This includes medical records and 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. These experts will offer their opinion on whether Erb's Palsy in your child is due to an error in medical treatment or natural causes.

Many factors can cause Erb's palsy. The most frequent cause is when a doctor applies too much force during labor and delivery. This can cause strain or tears to the brachial plexus nerves which can cause the condition. There are a variety of techniques doctors can use to avoid this. If your child has been diagnosed with this birth injury, you must seek out a lawyer as soon as possible to make a claim. A successful case could be able to pay for medical bills as well as other costs associated with the injury. This can help reduce the financial burden and improve your child's quality of life.

Expert witness reports

A medical professional will be required to examine the case of Erb's Palsy and give a final opinion on the cause of the injury, and whether it was due to a doctor's negligence. The expert will also help determine the extent of your injuries and how they may affect your life in the future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. It is more frequent in vaginal births but can happen during c-sections. This injury happens when doctors move the baby's shoulders to ease the delivery process. The process may stretch or tear the nerves in the armpit, causing permanent damage.

The injury is sometimes repaired through surgery, but can still cause complications. Children with this condition might not be able use their arms or raise their hands. This can affect their quality of living, especially if it prevents them from participating in sports or doing the everyday chores. Some people may benefit from muscle transfers. In these, surgeons insert stronger tendons and muscles to help weaker ones.

Your lawyer will collect as much evidence as you can, and send it to the lawyers of the defendants. The defendants will then have 30 days to respond to your claim. After this the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits assist families receive compensation for their children's injuries. They also help prevent future medical errors by holding accountable parties accountable. Our lawyers are equipped with the experience and resources needed to investigate your child's injury and determine if a medical professional's negligent actions caused the injury.

Erb's Palsy is often caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during the delivery. This could be due the incorrect use of vacuum extractors or forceps as well as a long labor which creates stress on a baby's shoulders and head or shoulder dystocia.

A few babies with Erb's paralysis recover completely and can move their arms again. Some babies suffer permanent nerve damage, and may be disabled for the rest of their lives. Fortunately, the majority cases of Erb's Palsy are preventable and result of medical carelessness during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins once the lawsuit has been filed. This could include depositions, other medical documents, as well as expert opinions. Most cases involving Erb's palsy are settled, but we can go to trial if necessary.

Trial preparation

The final step to pursue compensation for brachial-plexus injuries in children is to argue before a judge or jury. Your Erb's ailment lawyer will try to establish that the healthcare provider did not act reasonable in a certain set of circumstances. The attorneys representing the defendant will try to convince a judge or jury that they acted reasonable.

In most instances, the parties reach an agreement prior to trial. This is done to satisfy the needs of both parties and bring the case to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation is contingent upon the severity of the injury and the amount of medical treatment will be required in the future.

Families with children with brachial plexus injuries frequently struggle to pay for the expenses. A lawsuit against Erb's Palsy could offer financial relief for families who might have to pay for the treatment of their children's illness. It could also help cover the loss of wages if the condition impacts a child's ability to work. It can also help alleviate the physical and emotional burden of having an injury that can have an enormous impact on the child's life. An experienced Erb's palsy attorney will assist families in pursuing the damages they are entitled to.