Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. These funds can help families cope emotionally with this birth injury.

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

Medical records

If a child is suffering from Erb's palsy, it could be devastating for their families. The condition can cause swelling, pain and disability that can affect the ability of a child to use their hands for Erb's Palsy lawsuits basic tasks, such as playing sports or even 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 file a claim for medical malpractice is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through the documents and may have to consult experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will offer their opinions on whether Erb's palsy in your child was caused by an undiagnosed medical issue or natural causes.

Erb's Palsy may be caused by several factors. Most often, doctors may use too much force when they perform labor and delivery. This can stretch or tear the brachial nerves, leading to the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. If your child has been diagnosed with this birth injury, you should consult a lawyer right away to make a claim. A successful case could be able to pay for medical bills and other expenses related to the injury. This can help reduce the financial burden and improve your child's quality of life.

Expert witness reports

An expert medical will be required to evaluate your Erb's palsy case. They will give their opinion about what caused the injury and whether it was caused by negligence by a physician. The expert will also assist you to determine the extent of your injuries and how they might affect your future life.

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

The injury may be repaired with surgery, but it may cause complications. Children who suffer from this condition may not be able to use their arms or raise their hands. This could have a negative impact on their quality of living, especially if it prevents them from participating in sports or doing the everyday chores. Certain people might benefit from muscle transfers, where surgeons insert stronger tendons and muscles to support weaker ones.

Your lawyer will gather as many evidence as you can and send it to the attorneys of the defendants. The defendants will then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can seek compensation for the harm their children sustained by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers are equipped with the knowledge and resources to examine the injury of your child and determine if the negligence of a medical professional caused the injury.

Erb's Palsy is often caused by a doctor pulling too hard on the baby's neck, head, or Erb's Palsy lawsuits shoulders during delivery. This may be due to the incorrect use of vacuum extractors or forceps and a long labor that causes stress on a baby's shoulders and head or shoulder dystocia.

Some babies with Erb’s palsy will recover completely and be capable of moving their arms in a normal way. However, other babies have permanent nerve damage and be handicapped for the remainder of their lives. Thankfully, most cases of Erb's Palsy are preventable and a result of medical inattention during labor and birth.

Our attorneys will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all the medical documents and evidence. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions and other medical records. Expert opinions are also included. The majority of Erb's Palsy lawsuits end in settlements, but we are prepared to take your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial plexus injury is presenting arguments to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will try to convince a jury or judge that they acted in a reasonable manner.

In the majority of cases, the parties reach an agreement before the trial. This is designed to satisfy the desires of both sides and bring the litigation to an end. The plaintiffs will receive an amount in one lump sum and the lawsuit will close. The amount of compensation depends on the severity and future medical requirements of the injury.

Children who suffer from brachial plexus injuries often struggle to pay for the costs. Financial compensation from an Erb's palsy lawsuit can aid families in paying for the costs they may incur to treat 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 emotional and physical stress of being a victim of an injury that has an enormous impact on the life of a child. A family attorney with experience in the field of Erb's Palsy will help families get the damages they are entitled to.