Erb's Palsy Litigation

A child with erb's palsy may be eligible for compensation to pay for future medical costs and treatment. These funds can help families cope with this birth injury.

Your lawyer will look over your medical records and determine the value your case is worth. The lawsuit will be filed, and the defendants will have 30 days to respond.

Medical records

It can be a major blow to the family of a child who has the condition Erb's - Palsy. The condition can cause pain and swelling that can make it difficult for children to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's-Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step to filing a claim for medical negligence is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child was caused by an undiagnosed medical issue or natural cause.

A variety of factors can trigger Erb's palsy due to a variety of causes. Most commonly, a doctor is prone to using too much force when performing labor and delivery. This can cause stretching or tears to brachial nerves and trigger the condition. There are fortunately, specific methods that doctors can employ to stop this from happening. If your child has been diagnosed with this birth injury, consult a lawyer right away to start a lawsuit. The compensation you receive from a successful lawsuit can help pay for the medical bills for your child as well as other costs associated with the injury. This could help your child's financial burden and improve their quality of life.

Expert Witness Reports

A medical professional will be required to look over your Erb's palsy case and give an opinion about the cause of the injury, and if it was due to a doctor's negligence. The expert can also help determine how serious your injuries are and how they could impact your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more common in vaginal births, however it can also occur during c-sections. This injury happens when doctors move the baby's shoulders to ease the delivery process. The process can stretch and tear the armpit's nerves which can cause permanent damage.

In some cases the injury can be treated with surgery, but it may still cause issues. Children suffering from this condition may not be able to use their arms or raise their hands. This could have a negative impact on their daily living and, erb's Palsy lawsuits in particular, if it stops them from playing sports or carrying out everyday tasks. Some people may benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to support weaker ones.

Your lawyer will collect as much evidence as you can and then send it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the injuries 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 knowledge and resources to fully examine your child's case and determine whether a medical professional's negligence led to a brachial plexus injury.

Erb's spalsy can be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during the birth. This may be due to the incorrect use of forceps or vacuum extractors, a long labor that puts stress on the baby's head and shoulders or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and are able to move their arms again. Some babies are permanently affected by nerve damage, and may be disabled for the rest of their lives. Fortunately, the majority cases of Erb's syndrome are preventable and result of medical negligence during labor and delivery.

After the medical documents and other evidence are obtained, our lawyers will start a lawsuit against defendants, which is usually the hospital or doctor that was involved in the birth of your child. The discovery process begins after the lawsuit has been filed. This includes depositions, additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, but we're ready to take your case all the way through trial if necessary.

Trial preparation

The final step to pursue compensation for a child's plexus brachial injury is to present arguments before a jury or judge. Your Erb's lawyer will try to show that the healthcare professional did not perform their duties in a particular set of circumstances, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.

Typically, the parties will agree to a settlement prior to trial. The intention is to satisfy both parties' needs and stop the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will come to an end. The amount of compensation is based on the severity the injury and the amount of medical treatment is needed in the future.

Parents of children suffering from brachial-plexus injuries have to face huge costs and often struggle to cover the costs. A lawsuit against Erb's Palsy can provide financial compensation to families who are likely to pay for treatment costs for their children's illness. It also helps to cover lost wages if the injury impacts the child's ability to work in the future. It also helps to ease the physical and emotional strain of dealing with an injury that has an impact that is profound on the life of a child. An experienced Erb's palsy attorney can assist families in pursuing the damages they are entitled to.