Erb's Palsy Litigation

A child with erb's palsy could be eligible for compensation to cover future medical costs and Erb's palsy lawsuits treatment. The funds could also help families cope with the emotional trauma of this birth injury.

Your lawyer will go through your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be a major blow to families when a child suffers from Erb's palsy. The condition can cause swelling and pain, which can make it difficult for children to do everyday tasks such as playing sports or putting on their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer could help families 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 need to consult experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will offer their opinion on whether the child's Erb's paralysis was the result of an error by a doctor or due to natural causes.

Erb's Palsy can be caused by several factors. The most common reason is when a physician uses too much force during labor and birth. This can tear or stretch the brachial plexus nerves, leading to the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to bring a lawsuit. A successful lawsuit could be able to pay for medical bills and other expenses relating to the injury. This can alleviate financial burdens and improve your child's quality of life.

Expert witness reports

A medical professional is required to evaluate the case of Erb's Palsy and provide an opinion on what caused the injury and if it was caused by a doctor's negligence. The expert can also help you determine how serious your injuries are and how they may impact your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. It is more common in vaginal births, however it can also occur during c-sections. The injury is often caused when doctors need to move a baby's shoulders around to facilitate delivery. The process can stretch and tear the armpit nerves creating permanent damage.

In some instances the injury can be corrected through surgery, but it could still cause issues. Children with this type of injury may not be able to use their arms or raise their hands. This could impact their well-being, especially when they are unable play sports or do everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to help weaker ones.

When you file a claim your lawyer will gather as much evidence as possible and then submit it to attorneys for the defendants. The defendants will then have 30 days to respond to your claim. Following this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's lawsuits for palsy help families obtain compensation for injuries suffered by their children. In addition, they can stop future medical errors from occurring by holding those responsible accountable. Our lawyers have the knowledge and resources to fully investigate your child's case and determine if the negligence of a medical professional led to his or her brachial plexus injury.

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

Some babies with Erb’s palsy will recover completely and be able to move their arms in a normal way. However, some babies suffer permanent nerve damage and will suffer from disability for the rest of their lives. The majority of cases of Erb's Palsy can be avoided and result from medical malpractice during labor and delivery.

After the medical documents and other evidence are obtained, our lawyers will begin a lawsuit against defendants, typically the hospital or doctor who was involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, as well as other medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case all the way through trial if necessary.

Trial preparation

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

In most instances, the parties reach an agreement prior to trial. This is designed to satisfy the desires of both parties and bring the lawsuit to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of compensation will depend on the severity and future medical requirements of the injury.

Parents of children with brachial plexus injuries are faced with significant expenses and often have to cover them. Financial compensation from an Erb's palsy lawsuit could help families with the expenses they may incur for treating their children's condition. It can also cover lost wages, if the injury can affect a child's future capacity to work. It also helps to ease the physical and emotional burden of dealing with an injury that has an immense impact on the child's life. An experienced Erb's palsy attorney can assist families in pursuing the damages they are entitled to.