Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical expenses and treatment. These funds can assist families in dealing with this birth injury.

Your lawyer will go through your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be a major blow to the family of a child who is diagnosed with Erb's Palsy. The condition can cause pain and swelling, which can make it difficult for a child to complete basic tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step to filing an action for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will provide their opinion on whether your child's Erb's ailment was caused by an error made by a doctor, or due to natural causes.

Erb's Palsy is caused by many factors. The most common reason is when a doctor applies too much force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves, lawsuits leading to the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to make a claim. The compensation you receive from a successful lawsuit will pay for your child's medical bills and other expenses related to the injury. This could reduce the financial burden of your child and improve their life quality.

Expert Witness Reports

A medical professional will be required to evaluate your case of Erb's palsy and give a final opinion on the cause of the injury, and whether it was caused by negligence by a doctor. The expert will also be able to help you determine how serious your injuries are and how they may impact your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This is more common during vaginal births, but can occur during c-sections. The injury is often caused when doctors need to move the baby's shoulders in order to facilitate delivery. The process can stretch or tear the nerves in the armpit, causing permanent damage.

In some instances the injury may be corrected with surgery, but it may still cause problems. Children who suffer from this condition may not be able to use their arms or raise their hands. This can affect their health, especially when they are unable perform everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to help weaker ones.

If you file a claim your lawyer will collect as much evidence as they can and then submit it to defendants' attorneys. 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 to their children. They can also prevent further medical errors by holding accountable parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate the injuries of your child and determine whether the negligence of a medical professional caused it.

Erb's palsy may be caused by a doctor pulling too hard on the baby's neck, head, arms or shoulders during the delivery. It can be caused by the improper use of vacuum extractors. It could also be caused by a long labor causing stress on the baby's head and shoulders.

Some babies suffering from Erb's palsy recover completely and will be able to move their arms normally again. However, other babies have permanent nerve damage and will suffer from a disability for the duration of their lives. Fortunately, the majority of cases of Erb's syndrome can be prevented and are the result of medical mistakes during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process begins after the lawsuit has been filed. This will include depositions as well as additional medical records, and expert opinions. Most Erb's palsy lawsuits end in settlements, but we're ready to take your case all the way through 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 jury or judge. Your Erb's palsy lawyer will attempt to establish that the healthcare professional did not behave in a reasonable manner under a particular set of circumstances, and the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional was acting reasonably.

In most instances, the parties reach an agreement before the trial. This is done to satisfy the needs of both parties and bring the litigation to an end. The plaintiffs will receive a lump sum of money and the lawsuit will be closed. The amount of compensation will depend on the severity and medical requirements of the injury.

Families with children with brachial-plexus injuries are often unable to pay for the costs. Financial compensation from an Erb's palsy lawsuit could help families with the expenses they may incur for treating their children's condition. It also assists with the loss of earnings if the injury affects a child's ability to work in the future. It can also help alleviate the physical and emotional strain of having an injury that has an enormous impact on the child's life. An experienced Erb's palsy attorney will assist families in pursuing the damages they deserve.