Erb's Palsy Litigation

Children with Erb's Palsy can be compensated for future medical expenses and treatment. These funds can also help families cope with the emotional trauma of this birth injury.

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

Medical records

It can be a devastating experience for families when a child has the condition Erb's - Palsy. The condition can cause swelling, pain and impairment that can hinder the ability of a child to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step in submitting the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. Your attorney will look over the documents and may need consult with experts in obstetrics and anesthesia, as well as orthopedic surgery. Experts will give their opinion on whether the child's Erb's paralysis was caused by a doctor's error or due to natural causes.

Many factors can cause Erb's paralysis in various ways. The most common is when a doctor applies too much force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves leading to the condition. There are strategies that doctors can employ to prevent this. You should contact an attorney right away if your child was diagnosed with this birth defect. The money you receive from a successful claim can be used to pay the medical bills of your child as well as other expenses associated with the injury. This can alleviate financial burdens and Erb's Palsy Attorney improve your child's overall quality of life.

Expert Witness Reports

A medical expert will be required to evaluate your Erb's palsy case and provide an opinion on what caused the injury and whether it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they might impact your life in the future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more prevalent in vaginal births but can happen during c-sections. The injury is usually caused when doctors must move a baby's shoulders to facilitate delivery. The procedure can tear and stretch the armpit's nerves creating permanent damage.

The injury is sometimes repaired by surgery, but it can cause complications. Children suffering from this condition may not be able their hands or use their arms. This could impact their well-being, especially if they are unable to play sports or do everyday tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons or muscles to help weaker ones.

When you file a claim, your lawyer will collect the most evidence possible and present it to defendants' attorneys. The defendants have 30 days to respond. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can seek compensation for the harm their children suffered by filing lawsuits against Erb's Palsy. They also help prevent future medical errors by holding responsible parties liable. Our lawyers have the experience and resources to fully investigate your child's case and determine if a medical professional's negligence led to a brachial plexus injury.

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

Some babies suffering from Erb's palsy recover completely and can move their arm in a normal way. Some babies suffer permanent nerve damage and will be disabled for the rest of their lives. Thankfully, most cases of Erb's syndrome are preventable and the result of medical mistakes during labor and delivery.

Once the medical records and other evidence are obtained, our lawyers will file a lawsuit against the defendants, which are typically the hospital or doctor involved in the birth of your child. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions, as well as other medical records. Expert opinions are also included. The majority of Erb's palsy lawsuits result with a settlement, but we are prepared to take your case all the way through trial if needed.

Trial preparation

The final step of pursuing compensation for a child's plexus brachial injury is to present your case to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare professional did not act reasonably in a specific situation, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional behaved reasonably.

Typically, the parties settle the case prior to trial. This is designed to satisfy the interests of both parties and bring the lawsuit to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation will depend on the severity and future medical needs of the injury.

Children who suffer from brachial plexus injury often struggle to cover the costs. A lawsuit for Erb's psy can provide financial compensation to families who may have to incur expenses in treating their children's condition. It also helps cover lost earnings if the injury affects a child's ability to work in the future. It can also help alleviate the physical and emotional strain of dealing with an injury that can have an enormous impact on a child's life. An experienced Erb's palsy attorney can help families pursue the damages they are entitled to.