Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for Erb's palsy lawyer future medical expenses and treatment. These funds may also help families cope with the emotional stress of this birth injury.

Your lawyer will review your medical records and determine the value your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.

Medical records

If a child has Erb's palsy, it can be devastating for their families. The condition can cause swelling and pain that can make it difficult for a child to do basic tasks like playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step to filing an action for medical malpractice is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics, anesthesia and orthopedic surgery. These experts will offer their opinion on whether Erb's Palsy in your child was due to an error in medical treatment or natural cause.

Many factors can cause Erb's Palsy in a variety of ways. The most common reason is when a doctor uses excessive force during labor and birth. This can tear or stretch brachial nerves and cause the condition. There are methods that doctors can use to avoid this. It is recommended to speak with an attorney immediately if your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses and other expenses relating to the injury. This can reduce the financial burden of your child and improve their quality of life.

Expert witness reports

A medical professional will be needed to review your Erb's case and provide an opinion on the cause of the injury, and whether it was caused by the negligence of a doctor. The expert will also help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more prevalent in vaginal births, however it can also happen during c-sections. This injury happens when doctors move the shoulders of a newborn to ease delivery. The process can stretch and tear the nerves in the armpit causing permanent damage.

In some cases the injury can be repaired with surgery, but it could still cause problems. Children suffering from this condition may not be able to use their arms or raise their hands. This can affect their daily living and, in particular, if it stops them from participating in activities or doing everyday tasks. Certain people can benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons to help support weaker ones.

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

Documentation

Erb's palsy lawsuits can help families obtain compensation for injuries suffered by their children. They can also stop further medical errors by holding responsible parties accountable. Our lawyers are equipped with the necessary resources and expertise to investigate the injuries of your child and determine if a medical professional's negligent actions caused it.

Erb's Palsy can be caused by a doctor pulling too hard on the baby's neck, head, arms or shoulders during birth. This could be due to the improper use of vacuum extractors. It could also be due to a prolonged labor that puts stress on the baby's shoulders and head.

Some babies suffering from Erb's palsy recover completely and are able to move their arms again. However, some babies suffer permanent nerve damage and be handicapped for the duration of their lives. Fortunately, the majority of cases of Erb's paralysis are preventable and result of medical carelessness during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all the medical records and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions, further medical documents, as well as expert opinions. The majority of Erb's Palsy lawsuits are resolved, but we will take your case to trial if necessary.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus in children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare provider did not act reasonable in a certain set of circumstances. The defendant's lawyers 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 trial. This is done to meet the needs of both parties and bring the lawsuit to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation will depend on the severity and medical needs of the injury.

Families with children suffering from brachial-plexus injuries are often unable to pay for the costs. Financial compensation from an Erb's palsy lawsuit could help families pay for the expenses they could incur in order to treat their children's illness. It could also help cover the loss of wages, if the injury can affect a child's future capacity to work. It also helps to ease the physical and emotional strain of having an injury that can have an enormous impact on a child's life. A family attorney who has experience in Erb's Palsy can assist families to receive the compensation they deserve.