Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical bills and treatments. These funds can assist families in dealing with this birth injury.

Your lawyer will examine your medical documents to determine the merits of your case. The lawsuit is filed and defendants will have 30 days to respond.

Medical records

When a child suffers from Erb's palsy, it could be devastating for their entire family. The condition can cause pain, swelling and disability that may affect the ability of a child to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can help families get compensation for their losses.

The first step in submitting the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may have to consult experts in obstetrics and Erb's Palsy Lawsuit anesthesia, and orthopedic surgery. They will give you their opinion on if Erb's ailment in your child was the result of an error in medicine or natural causes.

A variety of factors can trigger Erb's palsy. Most often, doctors will use too much force during labor and delivery. This can tear or stretch the brachial plexus nerves, which can cause the condition. Fortunately, there are specific techniques that physicians can use to prevent this from happening. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. A successful case could help pay for medical bills and other expenses relating to the injury. This could help your child's financial burden and enhance the quality of their life.

Expert Witness Reports

An expert medical is required to evaluate your Erb's palsy case. They will provide their opinion on what caused the injury and whether it was caused by negligence by a physician. The expert will also be able to help you determine how serious your injuries are and how they will affect your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. It is more common when vaginal births are occurring, but can also occur during c-sections. This injury occurs when doctors move the shoulders of a baby to ease delivery. The process can cause stretching and tear to the armpit nerves and cause permanent damage.

In some instances, the injury can be repaired with surgery, but it may still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This could impact their quality of life, especially if they are unable to perform everyday tasks. Some people can benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons to support the weaker ones.

Your lawyer will collect as much evidence as you can, and send it to the lawyers of the defendants. The defendants have 30 days to respond. Following this the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits help families receive compensation for injuries suffered by their children. They also help prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injury and determine if a medical professional's negligent actions caused the injury.

Erb's spalsy can be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during the birth. This may be due to the improper use of forceps or vacuum extractors and a long labor that results in stress on a baby's head and shoulders or shoulder dystocia.

Some children with Erb's Palsy recover completely and can move their arm normally again. However, other babies have permanent nerve damage and be disabled for the duration of their lives. Most cases of Erb's paralysis can be avoided and result from medical negligence during labor and delivery.

Our attorneys 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. After the lawsuit is filed, the discovery process will begin. This will include depositions as well as additional medical documents, as well as expert opinions. The majority of Erb's palsy lawsuits result with a settlement, but we are prepared to take your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's brachial nerve injury is presenting arguments before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare provider failed to act reasonable in a certain set of circumstances. The lawyers representing the defendant will try to convince a judge or jury that they acted in a reasonable manner.

In the majority of instances, the parties reach an agreement before the trial. This is designed to satisfy the needs of both sides and bring the case to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation depends on the severity and medical needs of the injury.

Families with children suffering from brachial plexus injuries often struggle to pay for the costs. Financial compensation from an Erb's Palsy lawsuit may help families pay for the expenses they may incur to treat their children's condition. It could also help cover the loss of earnings, if the injury impacts a child's ability to work. In addition, it helps to ease the emotional and physical stress of living with an injury that can alter the course of life. A family attorney with experience in Erb's Palsy can assist families in obtaining the compensation they are entitled to.