Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover medical treatment and future expenses. These funds can aid families to cope with this birth injury.

Your lawyer will review your medical documents to determine the merits of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be a devastating experience for the family of a child who has Erb's Palsy. The condition can cause pain and swelling that can make it difficult for a child to perform basic tasks like playing sports or erb's palsy lawsuit buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step to filing an action for Erb's Palsy Lawsuit medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may need to consult with experts in obstetrics, anesthesia and orthopedic surgery. They will give you their opinion on whether Erb's Palsy in your child was due to an error in medicine or natural cause.

Several factors can lead to Erb's palsy. Most often, a doctor may use too much force when they perform labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. There are techniques that doctors can employ to avoid this. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. 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 could help ease the financial burden of your child and enhance the quality of their life.

Expert Witness Reports

A medical professional is needed to review the case of Erb's Palsy and provide a verdict on the cause of the injury and if it was caused by a doctor's negligence. The expert will also help you determine the extent of your injuries and how they will affect your future life.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This occurs more often during vaginal births but can also happen during c-sections. This injury occurs when doctors move the baby's shoulders to facilitate delivery. The process may cause nerve damage or stretch in the armpit, which can cause permanent damage.

The injury may be corrected by surgery, but it can cause complications. Children with this condition might not be able to use their arms or raise their hands. This can have a negative impact on their daily living, especially if it prevents them from playing sports or carrying out everyday tasks. Certain people may benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons to support the weaker ones.

When you file a claim, your lawyer will collect as much evidence as they can and present it to defendants' attorneys. The defendants have 30 days to respond. After that, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the parties responsible accountable. 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.

Erb's spalsy can be caused by a doctor pulling too hard on the baby's neck, head, or shoulders during birth. This may be due to the improper use of forceps or vacuum extractors as well as a long labor which results in stress on a baby's shoulders and head, or shoulder dystocia.

A few babies with Erb's paralysis recover completely and can move their arms normally. Some babies sustain permanent nerve damage, and may be disabled for the rest their lives. Most cases of Erb’s palsy can be prevented and are caused by medical negligence during labor and birth.

Our lawyers will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions and additional medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case to trial if needed.

Trial preparation

The final step in seeking compensation for injuries to the brachial plexus in children is to make arguments before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyer representing the defendant will try to convince a jury or judge that they acted in a reasonable manner.

Typically, the parties will settle the case prior to trial. The settlement is intended to satisfy both parties' interests and to end the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will close. The amount of compensation received is based on the severity the injury and the amount of medical treatment will be required in the future.

Families with children with brachial plexus injury often struggle to cover the costs. A lawsuit against Erb's Palsy can provide financial compensation to families that may need to pay for the treatment of their children's ailments. It may also cover lost wages, if the injury can affect a child's future capacity to work. Finally, it can help deal with the emotional and physical stress of living with an injury that can alter the course of life. An experienced Erb's palsy attorney will assist families in pursuing the compensation they deserve.