Erb's Palsy Litigation

A child suffering from erb's paralysis may be eligible for compensation to pay for treatment and future medical expenses. These funds can assist families in dealing with this birth injury.

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

Medical records

It can be devastating to a family when a child has Erb's Palsy. The condition can cause pain and swelling that can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. An experienced Erb's Palsy lawyer will help families get compensation for the losses they have suffered.

The first step to filing an action 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 need to consult with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was due to an undiagnosed medical issue or natural causes.

There are many factors that can trigger Erb's palsy. The most common cause is when a doctor Erb's Palsy attorney uses excessive force during labor and delivery. This can stretch or tear the brachial nerves, leading to the condition. Fortunately, there are specific methods that doctors can employ to stop this from occurring. If your child has been diagnosed with this birth injury, contact a lawyer immediately to start a lawsuit. A successful lawsuit could aid in the payment of medical bills as well as other costs associated with the injury. This can ease the financial burden and improve your child's overall quality of life.

Expert Witness Reports

A medical expert will be required to examine your Erb's case and give an opinion about the cause of the injury and if it was caused by the negligence of a doctor. The expert will also help you determine the severity of your injuries and how they might affect your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This occurs more often in vaginal births, however it can also happen during c-sections. The injury usually occurs by doctors who have to move a baby's shoulders to facilitate delivery. The process may strain or tear nerves in the armpit, causing permanent damage.

The injury is sometimes repaired with surgery, but it may cause complications. Children with this condition may not be able raise their hands or use their arms. This can negatively impact their quality of living and can hinder them from participating in sports or carrying out everyday tasks. Some people are able to benefit from muscle transfer surgery, in which surgeons implant stronger muscles or tendons in order to support weaker ones.

If you file a claim your lawyer will collect the most evidence possible and submit it to the defendants' attorneys. The defendants then have 30 days to respond to your claim. The court will then schedule your Erb's Palsy trial.

Documentation

Erb's palsy lawsuits help families receive compensation for injuries suffered by their children. They can also stop further medical errors by holding responsible parties liable. Our lawyers are equipped with the resources and experience to investigate your child's injuries and determine whether a medical professional's negligent actions caused the injury.

One of the most common instances of medical malpractice that causes Erb's palsy occurs when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and birth. This could be due to the incorrect use of forceps or vacuum extractors and a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.

Some children with Erb's Palsy recover completely and can move their arm normally again. However, some babies suffer permanent nerve damage and will suffer from a disability for the remainder of their lives. Fortunately, the majority of cases of Erb's Palsy are preventable and the result of medical negligence during labor and delivery.

After the medical records and other evidence are taken into consideration, our lawyers will start a lawsuit against defendants, which is usually 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 additional medical records. Expert opinions are also included. The majority of Erb's Palsy lawsuits are settled, but we can go to trial if necessary.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to present arguments before a jury or judge. Your Erb's palsy lawyer is going to try to establish that the healthcare professional failed to perform their duties in a particular scenario, and the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional acted in a reasonable manner.

Typically, the parties settle the case prior to trial. This is done to satisfy the desires of both parties and bring the lawsuit to a close. The plaintiffs will receive a lump sum of money and the lawsuit will close. The amount of the compensation is based on the severity the injury and how much medical treatment is needed in the future.

Families with children suffering from brachial plexus injury often struggle to pay for the costs. A lawsuit for Erb's psy can offer financial compensation for families who might have to pay for medical expenses related to their children's ailments. It can also pay for lost earnings, if the injury can affect a child's future capacity to work. It can also help alleviate the emotional and physical stress of being a victim of an injury that can have an enormous impact on a child's life. An experienced Erb's palsy attorney can help families pursue the damages they deserve.