Erb's Palsy Litigation

A child with erb's palsy may be eligible for compensation to pay for medical treatment and future expenses. These funds can help families cope emotionally with this birth injury.

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

Medical Records

It can be a major blow to families if a child is diagnosed with Erb's Palsy. The condition can cause pain, swelling and disability that could affect a child's ability to use their hands for everyday tasks 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 of filing the medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may have to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. These experts will provide their opinions on whether Erb's palsy in your child is due to an undiagnosed medical issue or natural cause.

Erb's Palsy can be caused by several factors. The most common is when a doctor uses excessive force during labor and birth. This can cause strain or tear to brachial nerves and cause the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim will help pay for your child's medical bills and other costs related to the injury. This could reduce the financial burden of your child and improve their life quality.

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 of a physician. The expert will also help you determine the severity of your injuries and how they could impact your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more common in vaginal births, but it can also occur during c-sections. This injury occurs when doctors move the shoulders of a baby to facilitate delivery. The process can pull or erb's Palsy lawyer tear the nerves in the armpit, causing long-term damage.

In certain cases injuries can be corrected through surgery, but it can still cause problems. Children with this condition may not be able to raise their hands or use their arms. This could impact their quality of life, especially those who are unable play sports or do everyday tasks. Certain people can benefit from the procedure of muscle transfer that involve the surgical placement of stronger muscles or tendons that support weaker ones.

Your lawyer will collect as the evidence you can and forward it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb's Palsy trial.

Documentation

Families can get compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the knowledge and Erb's palsy lawyer resources to examine the injury of your child and determine whether a medical professional's negligent actions caused the injury.

Erb's spalsy can be caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during delivery. This may be due to the incorrect use of forceps or vacuum extractors, a long labor that causes stress on a baby's head and shoulders, or shoulder dystocia.

Some children with Erb's Palsy will fully recover and be capable of moving their arms again. Some babies develop permanent nerve damage, and will be disabled for the rest their lives. Thankfully, most cases of Erb's Palsy are preventable and result of medical negligence during labor and delivery.

Our attorneys will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all medical documents and evidence. The discovery process begins after the lawsuit has been filed. This could include depositions, other medical records, and expert opinions. Most Erb's palsy lawsuits end with a settlement, but we are prepared to pursue your case to trial if needed.

Trial preparation

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

In most cases, the parties reach an agreement before the trial. This is done to meet the needs of both sides and bring the litigation to an end. The lawsuit will end 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.

Children who suffer from brachial plexus injuries often struggle to cover the costs. Financial compensation from an erb's palsy lawyers palsy lawsuit can assist families with the costs they may incur for treating their children's condition. It can also pay for lost earnings, if the injury impacts a child's ability to work. Additionally, it can help deal with the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can assist families to pursue the damages they are entitled to.