Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can be compensated for future medical expenses and treatment. These funds can help families cope with this birth injury.

Your lawyer will review your medical records to determine the worth of your case. They will then file the lawsuit and give the defendants 30 days to respond.

Medical Records

It can be devastating to families when a child is diagnosed with Erb's Palsy. The condition can cause pain, swelling and disability that may affect the ability of a child to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer could help families get compensation for their losses.

The first step to file a claim for medical negligence is to collect evidence of negligence. This includes medical records as well as witness statements. The attorney will review the documents and Erb's Palsy lawsuits may need to consult experts in obstetrics and anesthesia and orthopedic surgery. These experts will give their opinions on whether your child's Erb's ailment was the result of a doctor's error or due to natural causes.

Many factors can cause Erb's paralysis in various ways. The most common reason is when a doctor exerts too much force during labor Erb's Palsy lawsuits and delivery. This can tear or stretch brachial nerves causing 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 consult a lawyer right away to file a lawsuit. Compensation from a successful claim will help pay for the medical bills for your child as well as other expenses associated with the injury. This could help ease the financial burden of your child and improve their quality of life.

Expert witness reports

A medical professional is needed to review your Erb's palsy case and provide an opinion on what caused the injury and whether it was due to a doctor's negligence. The expert can also help determine how serious your injuries are and how they might impact your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. It is more prevalent in vaginal births, but it can also occur during C-sections. This injury happens when doctors move the baby's shoulders to facilitate delivery. The process may cause nerve damage or stretch in the armpit, leading to permanent damage.

The injury is sometimes corrected by surgery, but it can cause complications. Children with this condition may not be able raise their hands or use their arms. This could impact their health, especially if they are unable to perform everyday tasks. Some people may benefit from muscle transfers, in which surgeons insert stronger tendons or muscles to help weaker ones.

Your lawyer will collect as the evidence you can and then send it to the attorneys of the defendants. The defendants have 30 days to respond. Following this the court will then schedule your erb's palsy law firms Palsy lawsuit for trial.

Documentation

Families can claim compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding the responsible parties accountable. Our lawyers are equipped with the resources and experience to investigate the injuries of your child and determine whether a medical professional's negligent actions caused the injury.

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

Some babies with Erb’s palsy can fully recover and be capable of moving their arms normally again. Some babies suffer permanent nerve damage, and may be disabled for the rest of their lives. Fortunately, the majority of cases of Erb's Palsy are preventable and a result of medical inattention during labor and birth.

Once the medical records and other evidence have been collected, our attorneys will begin a lawsuit against 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, further medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we're ready to take 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 present evidence before a jury or judge. Your Erb's palsy lawyer will attempt to show that the healthcare professional did not act reasonably in a specific situation, while the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.

Typically, the parties will reach a settlement before trial. The goal of the settlement is to satisfy both parties' interests and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation depends on the severity and medical requirements of the injury.

Parents of children suffering from brachial plexus injury face substantial costs and often struggle to pay for them. The financial compensation offered by an Erb's palsy lawsuit could help families with the expenses they could incur in order to treat their children's condition. It also assists with the loss of earnings if the injury affects the ability of a child to work in the future. Finally, it can help cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced Erb's palsy attorney can assist families to pursue the damages they deserve.