Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for Erb's Palsy future medical costs and treatment. These funds can aid families to cope with the trauma of birth.

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

Medical Records

It can be devastating to families if a child has the condition Erb's - Palsy. The condition can cause swelling, pain and disability that may affect a child's ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can assist families receive compensation for their losses.

The first step in filing an action for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics or anesthesia, as well as orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child was the result of a medical error or natural causes.

A variety of factors can trigger Erb's Palsy in a variety of ways. The most frequent cause is when a doctor exerts excessive force during labor and delivery. This can cause stretching or tears to brachial nerves and cause the condition. Fortunately, there are specific methods that doctors can use to prevent this from occurring. It is recommended to speak with 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 be used to pay the medical bills for your child as well as other expenses associated with the injury. This can help ease the financial burden and improve your child's quality of life.

Expert witness reports

A medical professional is required to review your Erb’s palsy case. They will offer their opinion on what caused the injury and whether it was caused by negligence by a doctor. The expert can also help you determine how serious your injuries are and how they might impact your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more common during vaginal births but can also occur during csections. The injury is often caused when doctors must move a baby's shoulders around to facilitate delivery. The process can pull or tear the nerves in the armpit, causing permanent damage.

In certain instances injuries can be treated with surgery, but it can still cause issues. Children who suffer from this condition might not be able raise their hands or use their arms. This can impact their health, especially when they are unable play sports or do everyday tasks. Certain people can benefit from a procedure called muscle transfer that involve the surgical placement of stronger muscles or tendons that support the weaker ones.

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

Documentation

Families can seek compensation for the injuries their children sustained through filing a lawsuit for Erb's Psy. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers are equipped with the necessary resources and expertise to examine the injury of your child and determine if the negligence of a medical professional caused the injury.

One of the most frequent instances of medical malpractice that causes Erb's Palsy is when a doctor puts too hard on a baby's head, neck, arms, or shoulders during labor and delivery. This could be due to the improper use or vacuum extractors. It can be caused by long labor that causes stress to the baby's head and shoulders.

Some babies with Erb’s palsy will fully recover and be capable of moving their arms again. 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 are preventable and the result of medical inattention during labor and birth.

Once the medical documents and other evidence are taken, our attorneys will bring a lawsuit against the defendants, which is usually the hospital or doctor who was involved in the birth of your child. The discovery process begins after the lawsuit has been filed. This includes depositions, further medical documents, as well as expert opinions. The majority of Erb's Palsy lawsuits end in settlements, but we are prepared to take your case to trial if needed.

Trial preparation

The final step to pursue compensation for a child's plexus brachial injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare professional failed to act in a reasonable way under a specific situation, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional behaved reasonably.

Typically, the parties come to a deal prior to trial. This is designed to satisfy the interests of both parties and bring the case to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of compensation received is contingent upon the severity of the injury and how much medical treatment is needed in the future.

Children with brachial plexus injuries face significant costs and often struggle to cover these costs. 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 can also cover lost wages, if the injury affects a child's future ability to work. It can also help alleviate the emotional and physical anxiety of living with an injury that can alter the course of life. A family attorney who has experience with Erb's Syndrome can help families receive the compensation they are entitled to.