Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical bills and treatments. These funds can also help families cope with the emotional trauma caused by this birth injury.

Your lawyer will scrutinize your medical documents to determine the merits of your case. The lawsuit is filed and defendants will have 30 days to respond.

Medical records

It can be devastating to the family of a child who has Erb's Palsy. The condition can cause pain, erb's palsy attorney swelling and disability that can affect a child's ability to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can help families recover compensation for their losses.

The first step to file a medical malpractice claim is to collect 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. Experts will give their opinions on whether Erb's palsy in your child was the result of an error in medical treatment or natural cause.

There are many factors that can trigger Erb's palsy. Most often, a doctor uses too much force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves which can cause 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, you should seek out a lawyer as soon as possible to make a claim. A successful claim can help pay for medical bills and other expenses relating to the injury. This can help ease the financial burden and improve your child's quality of life.

Expert witness reports

A medical expert will be required to review your Erb’s palsy case. They will give their opinion on what caused the injury, Erb's palsy attorney and whether or not it was caused by negligence by a physician. The expert will also help determine the severity of your injuries and how they will affect your future life.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more frequent in vaginal births, but it can also occur during C-sections. The injury is often caused when doctors need to move a baby's shoulders around to facilitate delivery. The process can pull or tear the nerves in the armpit, causing permanent damage.

In certain instances, the injury can be corrected through surgery, but it may still cause issues. Children with this condition may not be able raise their hands or use their arms. This could be detrimental to their quality of living particularly if it hinders them from participating in activities or doing everyday tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to help weaker ones.

If you file a claim your lawyer will gather as much evidence as possible and send it to lawyers of the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb's Palsy trial.

Documentation

Erb's palsy lawsuits help families obtain compensation for injuries suffered by their children. They also can prevent future medical errors by holding responsible parties accountable. Our lawyers have the knowledge and resources to fully investigate your child's case and determine if a medical professional's negligence led to his or her brachial plexus injury.

One of the most frequent instances of medical malpractice that causes Erb's syndrome is when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and birth. It can be caused by the improper use of vacuum extractors. It could also be the result of a long labor that causes stress to the baby's shoulders and head.

Some children with Erb's Palsy recover completely and are able to move their arm normally again. However, other babies have permanent nerve damage and suffer from a disability for the duration of 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 hospital or doctor involved in the birth of your child) once they have collected all the medical records and evidence. The discovery process starts after the lawsuit has been filed. This could include depositions, other medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case all the way through trial if necessary.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus suffered by children is to argue before a jury or judge. Your erb's palsy attorney Palsy lawyer will attempt to establish that the healthcare provider failed to act reasonable in a certain set of circumstances. The lawyers representing the defendant will attempt to convince a judge or jury that they were able to act in a reasonable manner.

In the majority of instances, the parties reach an agreement before trial. This is done to satisfy the needs of both parties and bring the case to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of the compensation will depend on the severity of the injury and how much medical treatment is needed in the future.

Children with brachial-plexus injuries have to face huge expenses and often have to pay for them. A lawsuit involving Erb's palsy can provide financial compensation to families that may need to pay for the treatment of their children's illness. It also helps cover lost wages if the injury impacts the child's ability to work in the future. It can also help alleviate the emotional and physical stress of living with an injury that has an impact that is profound on the child's life. An experienced Erb's palsy attorney can help families pursue the damages they deserve.