Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover future medical costs and treatment. These funds can help families cope with 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 defendants 30 days to respond.

Medical Records

If a child has Erb's Palsy, it can be devastating for their family. The condition can cause pain and swelling, which can make it difficult for a child to do basic tasks like playing sports or putting on their shirt. A lawsuit filed by a skilled Erb's Palsy lawyer can help families get compensation for their losses.

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

Erb's palsy can be caused by many factors. Most often, doctors is prone to using too much force when performing labor and delivery. This can cause strain or tears to the brachial plexus nerves which can cause the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. It is recommended to speak with an attorney as soon as your child was diagnosed with this birth defect. Compensation from a successful claim can be used to pay the medical bills for your child as well as other costs related to the injury. This can help your child's financial burden and Erb's Palsy improve their quality of life.

Expert witness reports

A medical professional will be required to examine your case of Erb's palsy and give a final opinion on the cause of the injury and if it was caused by the negligence of a doctor. The expert can also help determine how serious your injuries are and how they could affect your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more frequent when vaginal births are occurring, but can also occur during c-sections. The injury is typically caused when doctors have to move the baby's shoulders to facilitate the delivery. The process may cause nerve damage or stretch in the armpit, causing long-term damage.

In certain cases, the injury can be corrected through surgery, but it could still cause problems. Children with this type of injury may not be able to use their arms or raise their hands. This can have a negative impact on their quality of living and, in particular, if it stops them from participating in sports or carrying out everyday tasks. Some people can benefit from muscle transfer surgeries where surgeons insert stronger muscles or tendons to support the weaker ones.

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

Documentation

Erb's palsy lawsuits assist families receive compensation for their children's injuries. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the knowledge and resources to thoroughly examine your child's medical history and determine if a medical professional's negligence led to the brachial plexus injury.

Erb's Palsy can be caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during the birth. It can be caused by the incorrect use of vacuum extractors. It can also be caused by a long labor that causes stress to the baby's head and shoulders.

Some babies with erb's palsy law firms palsy recover completely and are able to move their arms again. Some babies suffer permanent nerve damage and will be disabled for the rest their lives. The majority of cases of Erb's palsy can be avoided and are caused by medical negligence during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical documents and evidence. After the lawsuit is filed, the process of discovery will begin. This includes depositions as well as additional medical documents. Expert opinions are also incorporated. Most Erb's Palsy lawsuits are settled, but we may consider bringing your case to trial if needed.

Trial preparation

The final step in seeking compensation for Erb's Palsy brachial-plexus injuries in children is to make arguments before a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional did not perform their duties in a particular set of circumstances, and lawyers for the defendant 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. The goal of the settlement is to satisfy both parties' needs and to end the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of money awarded is based on the severity the injury and the amount of medical care is required in the future.

Parents of children suffering from brachial plexus injuries are faced with significant expenses and often have to cover them. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they may incur for treating their children's illness. It may also cover lost wages, if the injury impacts a child's ability to work. It can also help cover the emotional and physical stress of having an injury that can have a profound impact on a child's life. A family lawyer with experience with Erb's Syndrome can help families get the damages they deserve.