Erb's Palsy Litigation

A child who has erb's syndrome might be eligible to receive compensation for medical treatment and future expenses. These funds can also help families deal with the emotional trauma caused by this birth injury.

Your lawyer will go through your medical records and determine how much your case is worth. The lawsuit will be filed, and the defendants will have 30 days to respond.

Medical Records

It can be a devastating experience for the family of a child who suffers from Erb's palsy. The condition can cause pain, 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. An experienced Erb's Palsy lawyer can assist families in obtaining compensation for their losses.

The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over these documents and may even require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. These experts will offer their opinion on whether the Erb's Palsy in your child was due to an error in medical treatment or natural cause.

Erb's palsy can be caused by a variety of factors. Most often, a doctor will use excessive force during labor and delivery. This can stretch or tear the brachial plexus nerves, which can cause the condition. There are strategies that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, it is important to 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 could reduce the financial burden of your child and enhance their life quality.

Expert witness reports

An expert medical will be needed to analyze your Erb's palsy case. They will provide their opinion about what caused the injury and whether it was due to negligence by a physician. The expert will also help determine the severity of your injuries and how they might affect your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This occurs more often when vaginal births are occurring, but can also happen during c-sections. This type of injury occurs when doctors move the shoulders of a newborn to ease the delivery process. The procedure can tear and stretch the nerves of the armpit creating permanent damage.

The injury may be repaired with surgery, but can still cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. This can affect their quality of living and, in particular, if it stops them from playing sports or doing the everyday chores. Some people may benefit from muscle transfers, in which surgeons place stronger tendons or muscles to help weaker ones.

Your lawyer will gather as any evidence as you can and forward 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 lawsuit for trial.

Documentation

Families can seek compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the knowledge and resources to examine the injury of your child and determine whether a medical professional's negligent actions caused it.

One of the most frequent instances of medical malpractice that causes Erb's Palsy is when a doctor pulls too hard on a baby's head neck or shoulders during labor and delivery. This could be due to the incorrect use of vacuum extractors. It could be caused by long labor, which causes stress to the baby's head and shoulders.

Some babies suffering from Erb's palsy recover completely and are able to move their arm in a normal way. But, others suffer permanent nerve damage and will be disabled for the duration of their lives. Fortunately, the majority cases of Erb's syndrome are preventable and result of medical mistakes during labor and delivery.

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

Trial preparation

The final step in pursuing compensation for brachial-plexus injuries in children is to make arguments before a judge or jury. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonable.

In the majority of cases, the parties come to an agreement prior to trial. This is done to satisfy the needs of both parties and bring the litigation to a close. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of the compensation is contingent upon the severity of the injury and the amount of medical care is required in the future.

Families with children suffering from brachial plexus injuries frequently struggle to pay for the expenses. Financial compensation from an Erb's palsy lawsuit could assist families with the costs they might incur in treating their children's condition. It also assists in recouping lost wages if the injury impacts the child's ability to work in the future. It can also help deal with the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can assist families in pursuing the damages they are entitled to.