Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can also help families deal with the emotional stress of this birth injury.

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

Medical Records

It can be a major blow to a family when a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and disability that could affect the ability of a child to use their hands for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive 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 lawyer will go through 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 ailment was the result of the error of a doctor or due to natural causes.

Several factors can lead to Erb's Palsy in a variety of ways. The most common cause is that a doctor will use excessive force during labor and delivery. This can tear or stretch brachial nerves, causing the condition. Fortunately, there are specific techniques that physicians can employ to prevent this from occurring. You should contact an attorney as soon as your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit will pay for the medical bills for your child as well as other costs related to the injury. This can alleviate financial burdens and enhance your child's quality of life.

Expert Witness Reports

A medical professional is needed to review your case of Erb's palsy and provide an opinion on the cause of the injury and whether it was due to negligence by a doctor. The expert will also assist you to determine the extent of your injuries and how they might affect your life in the future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more common during vaginal births however it can occur during c-sections. The injury is usually caused by doctors who have to move a baby's shoulders around to facilitate the delivery. The process can strain and tear the armpit's nerves causing permanent damage.

In certain instances the injury may be corrected through surgery, but it may still cause issues. Children with this condition may not be able to lift their hands or use their arms. This can impact their health, especially those who are unable engage in sports or perform daily tasks. Some people can benefit from muscle transfer surgeries, in which surgeons implant stronger muscles or tendons to help support the weaker ones.

Your lawyer will collect as many evidence as you can and forward it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. After this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits help families get compensation for injuries sustained by their children. They can also stop further medical errors by holding accountable parties accountable. Our lawyers have the knowledge and resources to investigate your child's injuries and determine if a medical professional's negligent actions caused the injury.

One of the most frequent instances of medical malpractice causing lynchburg erb's palsy attorney palsy is when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and birth. This could be due the improper use of vacuum extractors or forceps and a long labor that results in stress on a baby's head and shoulders or shoulder dystocia.

A few babies who suffer from Erb's paralysis can fully recover and be capable of moving their arms normal. However, other babies have permanent nerve damage and Erb's Palsy lawyer will suffer from disability for the rest of their lives. Thankfully, most cases of Erb's syndrome can be prevented and are the result of medical negligence during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical records and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, as well as other medical records. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, but we're prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for a child's brachial-plexus injury is to present your case before a jury or judge. Your Erb's palsy lawyer will try to establish that the healthcare professional did not behave in a reasonable manner under a particular set of circumstances, and the defendant's attorneys will try to convince the judge or jury that the healthcare professional behaved reasonably.

In most cases, the parties come to an agreement before trial. The goal of the settlement is to satisfy both parties' interests and also to close the case. The plaintiffs will receive an amount in one lump sum and the lawsuit will end. The amount of the compensation is based on the severity the injury and the amount of medical care is required in the future.

Children who suffer from brachial plexus injuries often struggle to pay for the expenses. The financial compensation offered by an Erb's Palsy lawsuit may help families with the expenses they could incur in order to treat their children's condition. It may also cover lost earnings, if the injury can affect a child's future capacity to work. Additionally, it can help alleviate the emotional and physical anxiety of living with an injury that can alter the course of life. A family attorney who has experience in the field of Erb's Palsy will help families receive the compensation they are entitled to.