Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. The funds could also help families deal with the emotional trauma caused by this birth injury.

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 devastating for a family when a child is diagnosed with Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for children to perform basic tasks like playing sports or buttoning their shirt. An experienced Erb's Palsy lawyer can assist families in obtaining compensation for their losses.

The first step to file a claim for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may need consult with experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. These experts will provide their opinions on whether or not your child's Erb's paralysis was the result of an error made by a doctor, or due to natural causes.

Erb's Palsy can be caused by many factors. Most commonly, a doctor is prone to using excessive force during labor and delivery. This can stretch or tear brachial nerves and cause the condition. There are a variety of techniques doctors can employ to avoid this. If your child has been diagnosed with this birth injury, it is important to get in touch with a lawyer immediately to start a lawsuit. Compensation from a successful claim will help pay for the medical bills of your child and other expenses associated with the injury. This can help reduce the financial burden and improve your child's quality of life.

Expert witness reports

An expert medical is required to review your Erb’s palsy case. They will offer their opinion on what caused the injury, and whether or not it was due to negligence by a physician. The expert will also assist you to determine the severity of your injuries and how they could affect your future life.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common in vaginal births, but can occur during c-sections. This injury occurs when doctors move the shoulders of a baby to ease the delivery process. The process can stretch and tear the armpit nerves causing permanent damage.

The injury is sometimes corrected by surgery, but it could cause complications. Children with this type of injury may not be able use their arms or raise their hands. This could negatively impact their daily living and, in particular, if it stops them from participating in sports or carrying out everyday tasks. Certain people may benefit from muscle transfer surgery in which surgeons place stronger muscles or tendons to help support the weaker ones.

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

Documentation

Erb's palsy lawsuits can help families to receive compensation for their children's injuries. They also can prevent future medical errors by holding responsible parties liable. Our lawyers have the knowledge and resources to examine the injury of your child and determine if the negligence of a medical professional caused the injury.

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

Some children with Erb's Palsy will recover completely and be able to move their arms in a normal way. However, other babies have permanent nerve damage and will be disabled for the remainder of their lives. Fortunately, the majority of cases of Erb's palsy can be prevented and are the result of medical negligence during labor and delivery.

After the medical documents and other evidence are collected, our attorneys will begin a lawsuit against defendants, which is usually the hospital or Erb's Palsy attorney doctor that was involved in your child's birth. After the lawsuit is filed, the process of discovery will begin. This includes depositions, further medical records, and expert opinions. Most cases involving Erb's palsy are settled, but we can take your case to trial if it is necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial nerve injury is to present your case before a jury or judge. Your Erb's lawyer will try to show that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, while the defendant's attorneys will try to convince the jury or judge that the healthcare professional behaved reasonably.

In the majority of cases, the parties come to an agreement before the trial. This is designed to satisfy the needs of both parties and bring the litigation to an end. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and future medical needs of the injury.

Families with children suffering from brachial plexus injuries frequently struggle to cover the costs. The financial compensation offered by an Erb's palsy lawsuit could help families pay for the expenses they may incur to treat their children's illness. It can also pay for lost wages, if the injury impacts a child's ability to work. Additionally, it can help deal with the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb's palsy attorney will assist families in pursuing the compensation they deserve.