Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can also help families cope with the emotional trauma that comes from this birth injury.

Your lawyer will scrutinize your medical documents to determine the merits of your case. 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 entire family. The condition can cause pain, swelling and disability that may affect the ability of a child to use their hands for basic functions like playing sports or even buttoning 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 a medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may have to consult experts in obstetrics and anesthesia, and orthopedic surgery. They will give you their opinion on if Erb's ailment in your child was caused by an error in medicine or natural cause.

Erb's Palsy may be caused by many factors. The most common cause is that a doctor may use excessive force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves leading to the condition. There are fortunately, specific methods that doctors can use to prevent this from occurring. You should consult with an attorney as soon as 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 help reduce the financial burden and improve your child's quality of life.

Expert Witness Reports

A medical expert will be required to examine your Erb's palsy case. They will offer their opinion on what caused the injury, and whether or not it was due to negligence by a doctor. The expert will also help you determine the extent of your injuries and how they could affect your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. It is more common during vaginal births, but may also occur during c-sections. The injury is usually caused when doctors have to move the baby's shoulders to facilitate the delivery. The process can pull or Erb's palsy lawsuit tear the nerves in the armpit, which can cause permanent damage.

In some instances the injury can be corrected with surgery, but it may still cause issues. Children who suffer from this condition might not be able their hands or use their arms. This can affect their quality of life, especially if they are unable to perform everyday tasks. Certain people may benefit from muscle transfer surgery, in which surgeons implant stronger muscles or tendons that support weaker ones.

If you file a claim your lawyer will gather as much evidence as possible and submit it to the defense attorneys of 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 palsy lawsuits can help families to receive compensation for injuries to their children. In addition, they can keep medical errors from happening again by holding those responsible accountable. Our lawyers have the expertise and resources to thoroughly investigate your child's case and determine whether an error by a medical professional led to his or her brachial plexus injury.

One of the most frequent instances of medical malpractice that causes Erb's syndrome is when a doctor puts too hard on a baby's head neck or shoulders during labor and delivery. This may be due to the improper use of forceps or vacuum extractors as well as a long labor which results in stress on a baby's head and shoulders, or shoulder dystocia.

Some babies with Erb's palsy recover completely and are able to move their arms normally. But, others suffer permanent nerve damage and will suffer from disability for the duration of their lives. Most cases of Erb's paralysis can be prevented and are caused by medical malpractice during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) once they have collected all medical records and evidence. Once the lawsuit has been filed, the process of discovery will begin. This could include depositions, other medical documents, and expert opinions. The majority of Erb's Palsy lawsuits are settled, but we may take your case to trial if it is necessary.

Trial preparation

The final step in pursuing compensation for a child's brachial nerve injury is to present your case before a jury or judge. Your Erb's lawyer will try to prove that the healthcare professional did not act in a reasonable way under a specific situation, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.

In most cases, the parties come to an agreement prior to trial. The aim of the settlement is to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of compensation depends on the severity and medical needs of the injury.

Children who suffer from brachial plexus injuries often struggle to pay for the expenses. The financial compensation offered by an Erb's palsy lawsuit could assist families with the costs they could incur in order to treat their children's condition. It can also pay for lost wages if the injury affects a child's future ability to work. It can also help alleviate the physical and emotional burden of living with an injury that can have an immense impact on the life of a child. A family attorney with experience in Erb's Palsy can assist families to receive the compensation they are entitled to.