Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can receive compensation for future medical bills and treatments. These funds can help families cope emotionally with the birth injury.

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

Medical Records

If a child has Erb's Palsy, it can be devastating for their families. The condition can cause pain and Erb's palsy Attorney swelling that can make it difficult for children to perform basic tasks like playing sports or buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can assist families recover compensation for their losses.

The first step to filing an action for medical malpractice is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics and anesthesia, as well as orthopedic surgery. These experts will give their opinion on whether your child's Erb's ailment was caused by a doctor's error or due to natural causes.

Erb's Palsy can be caused by a variety of causes. Most often, doctors is prone to using too much force when performing labor and delivery. This can cause stretching or tears to the brachial plexus nerves leading to the condition. There are fortunately, specific techniques that physicians can employ to stop this from occurring. If your child has been diagnosed with this birth injury, consult a lawyer right away to start a lawsuit. Compensation from a successful claim can help pay for your child's medical bills and other costs associated with the injury. This can reduce the financial burden of your child and enhance the quality of their life.

Expert witness reports

A medical professional is needed to review your case of Erb's palsy and give an opinion about the cause of the injury and if it was due to 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 is more common in vaginal births but can happen during c-sections. The injury is typically caused when doctors need to move the baby's shoulders in order to facilitate the delivery. The process may strain or tear nerves in the armpit, which can cause permanent damage.

In some instances, the injury can be treated with surgery, but it could still cause issues. Children with this condition might not be able use their arms or raise their hands. This can be detrimental to their quality of life and, in particular, if it stops them from participating in sports or carrying out everyday tasks. Certain people can benefit from a procedure called muscle transfer, in which surgeons implant stronger muscles or tendons in order to support the weaker ones.

Your lawyer will gather as much evidence as you can and forward it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. After this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits assist families to receive compensation for their children's injuries. Additionally, they help prevent future medical errors by holding the parties responsible accountable. Our lawyers have the experience and resources to fully examine your child's situation and determine if an error by a medical professional led to a brachial plexus injury.

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

Some babies suffering from Erb's palsy recover completely and are able to move their arms normally. However, some babies suffer permanent nerve damage and will be disabled for the remainder of their lives. Thankfully, the majority of cases of Erb's Palsy are preventable and a result of medical carelessness during labor and delivery.

Once the medical records and other evidence have been taken, our attorneys will file a lawsuit against the defendants, typically the doctor or hospital involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions and other medical documents. Expert opinions are also included. The majority of Erb's Palsy lawsuits end with a settlement, but we're ready to take your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus in children is to present arguments before a judge or jury. Your Erb's ailment lawyer will try to prove that the healthcare provider failed to act reasonable in a certain set of circumstances. The attorneys representing the defendant will try to convince a judge or jury that they acted reasonably.

Typically, the parties will settle the case prior to trial. The goal of the settlement is to satisfy both parties' needs and also to close the case. The plaintiffs will receive the money in a lump sum and the lawsuit will close. The amount of compensation depends on the severity of the injury and how much medical treatment is needed in the future.

Parents of children with brachial plexus injury face substantial costs and often struggle to cover these costs. Financial compensation from an Erb's psy suit can aid families in paying for the costs they could incur in order to treat their children's illness. It also assists with the loss of wages if the injury impacts the child's ability to work in the future. It can also help to ease the emotional and physical stress of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can help families pursue the damages they deserve.