Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. These funds can aid families to cope with the birth injury.

Your lawyer will review your medical records to determine the value of your case. The lawsuit will be filed and the defendants will have 30 days to respond.

Medical Records

If a child has Erb's Palsy, it can be devastating for their family. The condition can cause pain, swelling and impairment that can hinder the child's ability to use their hands for everyday tasks like playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for Erb's Palsy Lawsuit the losses they have suffered.

The first step in filing the medical malpractice claim is to gather evidence of negligence. This includes medical documents as well as witness statements. The attorney will review the documents and may need to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. Experts will offer their opinions on whether your child's Erb's syndrome was caused by the error of a doctor or due to natural causes.

Erb's Palsy may be caused by several factors. The most frequent cause is when a doctor applies too much force during labor and Erb's palsy lawsuit delivery. This can stretch or tear the brachial plexus nerves, which can cause the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. It is important to contact an attorney right away if you suspect that your child was diagnosed with this birth defect. The money you receive from a successful claim can help pay for your child's medical bills and other expenses associated with the injury. This could ease your child's financial burden and improve their quality of life.

Expert witness reports

A medical professional is needed to review your case of Erb's palsy and provide an opinion on what caused the injury and if it was due to negligence by a doctor. The expert will also assist you to determine the extent of your injuries and how they might affect your future life.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common in vaginal births however it can occur during C-sections. The injury is typically caused by doctors who have to move a baby's shoulders to facilitate the delivery. The process can stretch or tear the nerves in the armpit, causing long-term damage.

In certain instances injuries can be corrected through surgery, but it can still cause issues. Children who suffer from this condition may not be able use their arms or raise their hands. This could affect their quality of life and, in particular, if it stops them from participating in activities or doing everyday tasks. Some people may benefit from muscle transfers, where surgeons insert stronger tendons and muscles to help weaker ones.

When you file a claim, your lawyer will gather as much evidence as they can and submit it to the defendants' attorneys. The defendants then have 30 days to respond to your claim. Following this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits help families receive compensation for their children's injuries. Additionally, they help stop future medical errors from occurring by holding those responsible accountable. Our lawyers have the knowledge and resources to fully examine your child's case and determine whether negligence by a medical professional contributed to the brachial plexus injury.

One of the most frequent instances of medical malpractice causing Erb's palsy occurs when a doctor puts too hard on a baby's head, neck or shoulders during labor and birth. This may be due to the incorrect use of vacuum extractors or forceps and a long labor that results in stress on a baby's shoulders and head, or shoulder dystocia.

Some babies with Erb’s palsy will recover completely and be capable of moving their arms again. However, other babies have permanent nerve damage and suffer from a disability for the rest of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and a result of medical inattention during labor and birth.

After the medical records and other evidence have been collected, our attorneys will begin a lawsuit against defendants, which is typically the hospital or doctor involved in your child's birth. After the lawsuit is filed, the process of discovery will begin. This includes depositions, additional medical documents, and expert opinions. The majority of Erb's Palsy lawsuits are settled, but we may take your case to trial if necessary.

Trial preparation

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

Typically, the parties will come to a deal prior to trial. The intention is to satisfy both parties' interests and to end the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will come to an end. The amount of compensation depends on the severity and medical requirements of the injury.

Children who suffer from brachial-plexus injuries are often unable to pay for the costs. The financial compensation offered by an Erb's palsy lawsuit can assist families with the costs they may incur to treat their children's illness. It can also pay for lost wages if the injury affects a child's future ability to work. Additionally, it can help alleviate the emotional and physical stress of living with an injury that can alter the course of life. An experienced family lawyer who has expertise in Erb's palsy can assist families in obtaining the compensation they are entitled to.