erb's palsy law firm Palsy Litigation

Children suffering from Erb's 'Pasty' can be compensated for future medical expenses and treatment. These funds can help families cope with this birth injury.

Your lawyer will look over your medical records and determine the value your case is worth. The lawsuit is filed and 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 pain and erb's palsy lawsuits swelling, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A lawsuit filed by a seasoned Erb's Palsy lawyer can help families receive compensation for their losses.

The first step of filing a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will offer their opinion on whether the Erb's Palsy in your child was caused by an error in medicine or natural cause.

There are many factors that can trigger Erb's palsy. The most common reason is when a doctor exerts excessive force during labor and delivery. This can cause stretching or tears to the brachial nerves, which can cause the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to make a claim. Compensation from a successful claim can help pay for the medical bills for your child as well as other expenses associated with the injury. This can ease the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical professional will be needed to review your Erb's palsy case and give an opinion about what caused the injury and if it was due to a doctor's negligence. The expert will also help determine the severity of your injuries and how they could impact your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. It is more prevalent in vaginal births, but can occur during c-sections. The injury usually occurs when doctors need to move the baby's shoulders to facilitate the delivery. The procedure can tear and stretch the nerves in the armpit creating permanent damage.

The injury can sometimes be repaired with surgery, but can still cause complications. Children with this type of injury may not be able to use their arms or raise their hands. This can be detrimental to their daily living and, in particular, if it stops them from participating in sports or carrying out everyday tasks. Some people may benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to support weaker ones.

Your lawyer will gather as any evidence as you can and then send it to the attorneys of the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb’s Palsy trial.

Documentation

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

Erb's Palsy is often caused by a physician pulling too hard on the baby's neck, head, or shoulders during delivery. This could be due the improper use of vacuum extractors or forceps and a long labor that puts stress on the baby's shoulders and head, or shoulder dystocia.

Some babies with Erb’s palsy can fully recover and be able to move their arms normally again. However, other babies have permanent nerve damage and be handicapped for the rest of their lives. Most cases of Erb’s palsy can be prevented and result from medical malpractice during labor and delivery.

Our attorneys 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 medical documents and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions and other medical records. Expert opinions are also included. The majority of Erb's Palsy lawsuits end in settlement, but we're prepared to take your case to trial if necessary.

Trial preparation

The final stage of seeking compensation for a child's brachial plexus injury is to present your case before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare professional failed to act in a reasonable way under a specific situation, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.

In most instances, the parties reach an agreement prior to trial. The goal of the settlement is to satisfy both parties' interests and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of the compensation is based on the severity the injury and how much medical care is required in the future.

Parents of children with brachial-plexus injuries have to face huge costs and often struggle to pay for them. Financial compensation from an Erb's palsy lawsuit can assist families with the costs they might incur in treating their children's condition. It can also cover lost earnings, if the injury can affect a child's future capacity to work. Finally, it can help to ease the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced attorney from Erb's palsy can assist families to pursue the damages they deserve.