Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical bills and treatments. These funds can help families cope with the trauma of birth.

Your lawyer will examine your medical records and determine how much your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.

Medical records

It can be a devastating experience for a family when a child has Erb's Palsy. The condition can cause swelling, pain and impairment that can hinder the child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer could help families recover compensation for their losses.

The first step to file a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics, anesthesia and orthopedic surgery. Experts will offer their opinions on whether your child's Erb's paralysis was the result of an error by a doctor or due to natural causes.

Erb's Palsy may be caused by a variety of causes. The most common is when a doctor uses too much force during labor and birth. This can stretch or tear the brachial plexus nerves, Erb's Palsy which can cause the condition. There are strategies that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to make a claim. The money you receive from a successful claim can be used to pay the medical bills of your child as well as other expenses related to the injury. This can alleviate financial burdens and enhance your child's quality of life.

Expert witness reports

A medical professional is needed to analyze your Erb's palsy case. They will give their opinion about what caused the injury and whether it was caused by negligence by a doctor. The expert can also help you determine the severity of your injuries and how they could impact your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This occurs more often during vaginal births, but can also happen during c-sections. The injury is often caused when doctors must move a baby's shoulders to facilitate delivery. The process can stretch and tear the nerves in the armpit and cause permanent damage.

In certain instances injuries can be corrected with surgery, but it could still cause issues. Children with this condition may not be able raise their hands or use their arms. This could affect their health, especially if they are unable to participate in sports or carry out everyday tasks. Some people can benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons that support weaker ones.

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

Documentation

Erb's palsy lawsuits assist families to receive compensation for their children's injuries. In addition, they can keep medical errors from happening again by holding the parties responsible accountable. Our lawyers have the knowledge and resources to fully investigate your child's situation and determine if an error by a medical professional led to his or her brachial plexus injury.

Erb's spalsy can be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during the delivery. It can be caused by the improper use or vacuum extractors. It could also be due to a long labor, which causes stress to the baby's head and shoulders.

A few babies who suffer from Erb's paralysis recover completely and will be capable of moving their arms normally again. Some babies suffer permanent nerve damage, and may be disabled for the rest their lives. Most cases of Erb’s palsy can be avoided and result from medical negligence during labor and delivery.

Once the medical records and other evidence have been taken, our attorneys will file a lawsuit against the defendants, which is typically the hospital or doctor who was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, as well as other medical records. Expert opinions are also included. Most Erb's palsy lawsuits end in settlement, however we are prepared to pursue your case to trial if needed.

Trial preparation

The final step of pursuing compensation for a child's plexus brachial injury is to present your case to a judge or jury. Your Erb's palsy lawyer is going to try to show that the healthcare professional did not behave in a reasonable manner under a particular set of circumstances, while the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional acted reasonably.

In the majority of cases, the parties reach an agreement before trial. This is done to satisfy the needs of both parties and bring the lawsuit to an end. The plaintiffs will receive an amount in one lump sum and the lawsuit will end. The amount of compensation is based on the severity the injury and how much medical treatment will be required in the future.

Parents of children who suffer from brachial-plexus injuries have to face huge expenses and often have to cover them. A lawsuit against Erb's Palsy can offer financial compensation to families that may need to pay for the treatment of their children's ailments. It could also help cover the loss of earnings, if the injury can affect a child's future capacity to work. It also helps to ease the physical and emotional strain of being a victim of an injury that has an impact that is profound on the child's life. An experienced attorney from Erb's palsy can assist families to pursue the damages they are entitled to.