Erb's Palsy Litigation

A child suffering from erb's palsy could be eligible for compensation to cover treatment and future medical expenses. These funds may also help families deal with the emotional trauma that comes from this birth injury.

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

Medical records

It can be a devastating experience for the family of a child who has Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for a child to do basic tasks like playing sports or buttoning their shirt. A knowledgeable lawyer for Erb's palsy will help families get compensation for their losses.

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

There are many factors that can trigger Erb's paralysis in various ways. Most often, doctors uses too much force when they perform labor and delivery. This can stretch or tear the brachial plexus nerves, which can cause the condition. There are fortunately, specific techniques that physicians can use to prevent this from occurring. It is recommended to speak with an attorney immediately if your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills of your child and other expenses associated with the injury. This can alleviate financial burdens and improve your child's overall quality of life.

Expert witness reports

A medical expert will be required to review your Erb’s palsy case. They will give their opinion on the cause of the injury, and Palsy whether or not it was caused by negligence by a physician. The expert will also help you determine the severity of your injuries and how they will affect your life in the future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more common in vaginal births but can happen during c-sections. This injury occurs when doctors move the shoulders of a baby to ease the delivery process. The process may strain or tear nerves in the armpit, leading to permanent damage.

In certain instances the injury may be treated with surgery, but it could still cause problems. Children who suffer from this condition may not be able use their arms or raise their hands. This can be detrimental to their quality of living particularly if it hinders them from participating in sports or palsy carrying out everyday tasks. Some people can benefit from the procedure of muscle transfer in which surgeons place stronger muscles or tendons to help support the weaker ones.

Your lawyer will gather as many evidence as you can and then send it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. After that the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the injuries their children sustained through filing lawsuits against Erb's Palsy. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers have the resources and experience to examine the injury of your child and determine whether a medical professional's negligent actions caused the injury.

Erb's Palsy is often caused by a doctor pulling too hard on the baby's neck, head, arms or shoulders during delivery. This could be due to the incorrect use of forceps or vacuum extractors and a long labor that results in stress on a baby's shoulders and head, or shoulder dystocia.

A few babies with Erb's paralysis recover completely and are able to move their arms again. However, other babies have permanent nerve damage and will suffer from a disability for the remainder of their lives. Thankfully, most cases of Erb's Palsy can be prevented and are the result of medical negligence during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all medical records and evidence. Once the lawsuit has been filed, the discovery process will begin. This will include depositions as well as additional medical records, and expert opinions. The majority of the Erb's palsy cases end in settlement, however we are prepared to pursue your case to trial if necessary.

Trial preparation

The final step in seeking compensation for injuries to the brachial plexus suffered by children is to present arguments before a jury or judge. Your Erb's palsy lawyer will attempt to establish that the healthcare professional did not act in a reasonable way under 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 done to satisfy the interests of both parties and bring the litigation to a close. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of money awarded will depend on the severity of the injury and how much medical care is required in the future.

Families with children with brachial plexus injuries frequently struggle to pay for the expenses. Financial compensation from an Erb's palsy lawsuit can assist families with the costs they could incur in order to treat their children's illness. It also assists in recouping lost wages if the injury impacts the child's ability to work in the future. It can also help alleviate the emotional and physical stress of dealing with an injury that has an impact that is profound on the child's life. An experienced Erb's-Palsy attorney can assist families to pursue the damages they are entitled to.