Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical expenses and treatment. The funds could also help families cope with the emotional trauma caused by 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 devastating for families when a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and disability that may affect a child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A knowledgeable lawyer for Erb's palsy will help families get compensation for the losses they have suffered.

The first step to file a medical malpractice claim is to gather 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. These experts will provide their opinion on whether the Erb's Palsy in your child was the result of an undiagnosed medical issue or natural cause.

erb's palsy lawyer Palsy is caused by a variety of factors. Most often, doctors uses too much force during labor and delivery. This can stretch or tear brachial nerves, causing the condition. Fortunately, there are specific methods that doctors can employ to prevent this from happening. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. A successful claim could be able to pay for medical bills and other costs related to the injury. This can ease the financial burden and improve your child's quality of life.

Expert Witness Reports

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

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This occurs more often during vaginal births but can also happen during c-sections. The injury is often caused by doctors who have to move a baby's shoulders around to facilitate the delivery. The process can stretch and tear the armpit's nerves causing permanent damage.

The injury is sometimes repaired through surgery, but it could cause complications. Children with this condition might not be able use their arms or raise their hands. This could affect their health, especially if they are unable to perform everyday tasks. Some people can benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons to help support weaker ones.

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

Documentation

Families can claim compensation for erb's palsy lawsuits the harm their children suffered by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding responsible parties accountable. Our lawyers have the resources and experience to examine the injury of your child and determine if a medical professional's negligent actions caused it.

One of the most frequent instances of medical malpractice causing Erb's palsy occurs when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and delivery. This can be caused by the improper use or vacuum extractors. It can be caused by long labor causing stress on the baby's shoulders and head.

Some babies with Erb’s palsy will recover completely and be able to move their arms again. However, some babies suffer permanent nerve damage and 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.

Our attorneys will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) once they have collected all the medical records and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions as well as additional medical documents. Expert opinions are also incorporated. Most Erb's palsy lawsuits end in settlements, but we are prepared to take your case to trial if necessary.

Trial preparation

The final step in seeking compensation for injuries to the brachial plexus suffered by children is to argue before a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional did not act in a reasonable way under a specific set of circumstances, and the defendant's attorneys will try to convince the jury or judge that the healthcare professional behaved reasonably.

In the majority of instances, the parties reach an agreement before the trial. This is designed to satisfy the desires of both parties and bring the case to a close. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation is based on the severity the injury and the amount of medical care is required in the future.

Families with children who have brachial plexus injury often struggle to pay for the expenses. Financial compensation from an Erb's palsy lawsuit can help families pay for the expenses they may incur for treating their children's condition. It can also pay for lost wages, if the injury impacts a child's ability to work. It can also help deal with the emotional and physical stress of living with an injury that can alter the course of life. A family lawyer with experience in the field of Erb's Palsy will assist families to receive the compensation they are entitled to.