Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover medical treatment and future expenses. These funds can also help families cope with the emotional trauma of this birth injury.

Your lawyer will review your medical documents and determine what your case is worth. The lawsuit will be filed and the defendants have 30 days to respond.

Medical Records

If a child is suffering from Erb's Palsy, it can be devastating for their entire family. The condition can cause swelling and pain, which can make it difficult for a child to perform basic tasks like playing sports or buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer could help families recover compensation for their losses.

The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may need consult with experts in obstetrics and anesthesia, as well as orthopedic surgery. These experts will provide their opinion on whether your child's Erb's syndrome was caused by a doctor's error or due to natural causes.

Several factors can lead to Erb's paralysis in various ways. Most often, doctors may use too much force when they perform labor and delivery. This can cause stretching or tears to brachial nerves and cause the condition. Fortunately, there are specific techniques that physicians can use to prevent this from happening. You should consult with an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful claim could help 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

A medical expert will be required to look over your case of Erb's palsy and give an opinion about the cause of the injury and whether it was due to negligence of a physician. The expert will also be able to help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more frequent during vaginal births but can also occur during c-sections. The injury is usually caused by doctors who have to move a baby's shoulders around to facilitate the delivery. The process can stretch and tear the armpit nerves creating permanent damage.

The injury can sometimes be corrected by surgery, but can still cause complications. Children with this condition may not be able raise their hands or use their arms. This can be detrimental to their quality of living and, in particular, if it stops them from playing sports or carrying out everyday tasks. Certain people might benefit from muscle transfers, where surgeons insert stronger tendons or Erb's Palsy lawsuits muscles to support weaker ones.

If you file a claim, your lawyer will collect as much evidence as possible and submit it to the attorneys for the defendants. The defendants then have 30 days to respond to your claim. The court will then schedule your Erb’s Palsy trial.

Documentation

Erb's lawsuits for palsy help families to receive compensation for injuries suffered by their children. Additionally, they help prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the expertise and resources to thoroughly examine your child's case and determine whether negligence by a medical professional contributed to the brachial plexus injury.

Erb's palsy may be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during birth. It can be caused by the improper use or vacuum extractors. It could also be caused by a long labor that causes stress to the baby's head and shoulders.

Some children with Erb's Palsy recover completely and are able to move their arm normally again. Some babies suffer permanent nerve damage, and may be disabled for the rest their lives. Fortunately, the majority cases of Erb's palsy can be prevented and are the result of medical mistakes during labor and delivery.

Once the medical documents and other evidence are taken into consideration, our lawyers will begin a lawsuit against defendants, typically the hospital or doctor who was involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions, additional medical records, and expert opinions. The majority of Erb's palsy lawsuits result in settlements, but we're ready to take your case all the way through trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's plexus brachial injury is to present arguments to a judge or jury. Your Erb's lawyer will try to show that the healthcare professional did not act in a reasonable way under a specific set of circumstances, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.

Typically, the parties reach a settlement before trial. The aim of the settlement is to satisfy both parties' needs and end the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of compensation is based on the severity the injury and the amount of medical treatment is needed in the future.

Parents of children who suffer from brachial-plexus injuries have to face huge expenses and often have to pay for them. The financial compensation offered by an Erb's psy suit can aid families in paying for the costs they might incur in treating their children's condition. It also helps to cover lost wages if an injury has a negative impact on the child's ability to work in the future. It can also help cover the emotional and physical stress of being a victim of an injury that has an enormous impact on the life of a child. A family lawyer with experience in Erb's Palsy can help families get the damages they deserve.