Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can receive compensation for future medical expenses and treatment. These funds can help families cope with the trauma of birth.

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

Medical Records

When a child suffers from erb's palsy attorneys palsy, it could be devastating for their family. The condition can cause swelling, pain and disability that could 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 seasoned Erb's palsy lawyer can help families receive compensation for their losses.

The first step to filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may need consult with experts in obstetrics or anesthesia, and orthopedic surgery. Experts will offer their opinion on whether your child's Erb's palsy was the result of an error made by a doctor, or due to natural causes.

A variety of factors can trigger Erb's palsy due to a variety of causes. Most often, a doctor is prone to using too much force during labor and delivery. This can stretch or tear the brachial plexus nerves leading to the condition. There are fortunately, Erb's palsy attorney specific techniques that physicians can employ to prevent this from occurring. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. A successful case could assist in paying for medical expenses and other expenses relating to the injury. This will help ease the financial burden of your child and enhance the quality of their life.

Expert Witness Reports

A medical professional will be required to look over your Erb's palsy case and provide an opinion on the cause of the injury, and if it was caused by negligence by a doctor. The expert will also assist you to determine the extent of your injuries and how they could affect your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. It is more frequent in vaginal births, but can occur during C-sections. This injury happens when doctors move the shoulders of a baby to facilitate delivery. The process can cause stretching and tear to the armpit nerves and cause permanent damage.

In some instances the injury may be corrected through surgery, but it could still cause issues. Children with this condition may not be able raise their hands or use their arms. This could affect their well-being, especially when they are unable perform everyday tasks. Some people may benefit from muscle transfers. These are when surgeons insert stronger tendons or muscles to help weaker ones.

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

Documentation

Families can seek compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the experience and resources to thoroughly examine your child's situation and determine if a medical professional's negligence led to the 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 or shoulders during labor and delivery. This could be due 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 with Erb’s palsy will recover completely and be able to move their arms normal. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Fortunately, the majority cases of Erb's paralysis are preventable and a result of medical carelessness during labor and delivery.

After the medical records and other evidence have been taken, our attorneys will bring a lawsuit against the defendants, which are typically the hospital or doctor who was involved in the birth of your child. The discovery process begins after the lawsuit has been filed. This includes depositions, as well as other medical documents. Expert opinions are also included. Most cases involving Erb's palsy are resolved, but we will consider bringing your case to trial if it is necessary.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries suffered by children is to make arguments before a judge or jury. Your Erb's palsy lawyer will attempt to establish that the healthcare professional failed to act reasonably in a specific set of circumstances, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties agree to a settlement prior to trial. This is designed to satisfy the needs of both parties and bring the litigation to a close. The plaintiffs will receive an amount in one lump sum and the lawsuit will close. The amount of compensation depends on the severity and medical requirements of the injury.

Families with children with brachial plexus injury often struggle to cover the costs. The financial compensation offered by an Erb's palsy lawsuit could help families pay for the expenses they may incur to treat their children's illness. It also assists with the loss of wages if the injury hinders the child's ability to work in the future. Additionally, it can help to ease the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's palsy attorney will assist families in pursuing the compensation they deserve.