Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for future medical costs and treatment. These funds can also assist families deal with the emotional trauma caused by this birth injury.

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

Medical Records

It can be a major blow to families if a child has Erb's Palsy. The condition can cause pain and swelling, which can make it difficult for children to complete basic tasks such as playing sports or putting on their shirt. An experienced Erb's Palsy lawyer can help families receive compensation for their losses.

The first step to filing a claim for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will offer their opinion on whether your child's Erb's palsy was caused by an error by a doctor or due to natural causes.

Erb's Palsy can be caused by many factors. Most often, a doctor uses too much force when performing labor and delivery. This can stretch or tear the brachial plexus nerves, leading to the condition. There are fortunately, specific methods that doctors can employ to stop this from occurring. If your child has been diagnosed with this birth injury, seek out a lawyer as soon as possible to file a lawsuit. Compensation from a successful claim will pay for the medical bills of your child as well as other costs related to the injury. This can ease the financial burden and improve your child's quality of life.

Expert Witness Reports

A medical expert will be required to review your Erb’s palsy case. They will provide their opinion on what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also help determine the extent of your injuries and how they will affect your life in the future.

Erb's Palsy is caused by a birth injury to the brachial plexus. It is more frequent in vaginal births, but it can also occur during c-sections. This injury happens when doctors move the shoulders of a baby to ease the delivery process. The process can strain or tear nerves in the armpit, Erb's palsy lawsuit which can cause permanent damage.

In some instances the injury may be treated with surgery, but it can still cause issues. Children with this condition might not be able to use their arms or raise their hands. This can affect their quality of living, especially if it prevents them from playing sports or doing the everyday chores. Certain people can benefit from muscle transfer surgery in which surgeons place stronger muscles or tendons to support the weaker ones.

When you file a claim, your lawyer will gather the most evidence possible and present it to defense attorneys of the defendants. The defendants have 30 days to respond. After that the court will then schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the harm their children suffered by filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding those responsible accountable. Our lawyers have the experience and resources needed to investigate your child's injury and determine if a medical professional's negligent actions caused it.

One of the most common instances of medical malpractice that causes Erb's palsy occurs when a doctor puts too hard on a baby's head, neck, arms, or shoulders during labor and birth. It can be caused by the incorrect use of vacuum extractors. It could also be due to a long labor, which causes stress to the baby's head and shoulders.

Some babies with Erb's palsy recover completely and can move their arms normally. However, other babies have permanent nerve damage and be handicapped for the remainder of their lives. Thankfully, most cases of Erb's Palsy are preventable and a result of medical inattention during labor and birth.

Once the medical records and other evidence have been taken, our attorneys will bring a lawsuit against the defendants, which are typically the doctor or hospital involved in the birth of your child. The discovery process begins once the lawsuit has been filed. This includes depositions and other medical records. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, but we're ready to take your case to trial if needed.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus suffered by children is to make arguments before a judge or jury. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider did not be reasonable in a particular set of circumstances. The defendant's lawyers will attempt to convince a judge or jury that they acted in a reasonable manner.

Typically, the parties will reach a settlement before trial. This is designed to satisfy the needs of both parties and Erb's palsy lawsuit bring the lawsuit to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of money awarded will depend on the severity and future medical needs of the injury.

Families with children who have brachial plexus injuries often struggle to pay for the costs. A lawsuit for Erb's Palsy could provide financial compensation for families who might have to pay for the treatment of their children's illness. It may also cover lost wages if the injury affects a child's future ability to work. It can also help cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can assist families to pursue the damages they deserve.