Erb's Palsy Litigation

A child suffering from erb's paralysis may receive compensation to cover future medical costs and treatment. These funds can help families cope with the birth injury.

Your lawyer will review your medical documents and determine what your case is worth. 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 can be devastating for their family. The condition can cause pain, swelling and disability that may affect a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer will help families get compensation for the losses they have suffered.

The first step in submitting the medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinions on whether your child's Erb's ailment was the result of an error by a doctor or due to natural causes.

Many factors can cause Erb's paralysis in various ways. The most common is when a doctor exerts excessive force during labor and birth. This can tear or stretch brachial nerves and trigger the condition. There are fortunately, specific techniques that physicians can employ to stop this from happening. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful claim can be able to pay for medical bills and other expenses related to the injury. This can help ease the financial burden and enhance your child's quality of life.

Expert witness reports

A medical professional will be required to look over your Erb's palsy case and give an opinion about what caused the injury and if it was due to negligence of a physician. The expert will also help determine the extent of your injuries and how they could affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more prevalent in vaginal births however it can occur during c-sections. This injury occurs when doctors move the shoulders of a newborn to ease delivery. The process can cause stretching and Erb's palsy lawsuit tear to the nerves in the armpit creating permanent damage.

In certain cases injuries can be corrected with surgery, but it can still cause problems. Children who suffer from this condition may not be able use their arms or raise their hands. This can have a negative impact on their living quality and, in particular, if it stops them from playing sports or carrying out everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons insert stronger tendons or muscles to help weaker ones.

If you file a claim, your lawyer will gather as much evidence as possible and then submit it to attorneys for the defendants. The defendants have 30 days to respond. After that the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can seek compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical errors by holding the accountable parties accountable. Our lawyers have the necessary resources and expertise to examine the injury of your child and determine if the negligence of a medical professional caused it.

One of the most common instances of medical malpractice causing Erb's palsy is when a doctor puts too hard on a baby's head neck or shoulders during labor and birth. This may be due to the improper use of vacuum extractors or forceps, a long labor Erb's Palsy lawsuit that causes stress on a baby's head and shoulders or shoulder dystocia.

A few babies with Erb's paralysis recover completely and are able to move their arm in a normal way. However, some babies suffer permanent nerve damage and suffer from a disability for the remainder of their lives. Thankfully, the majority of cases of Erb's paralysis can be prevented and are the result of medical negligence during labor and delivery.

After the medical records and other evidence have been collected, our attorneys will file a lawsuit against the defendants, which is usually the doctor or hospital involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This will include depositions as well as additional medical records, and expert opinions. The majority of Erb's Palsy lawsuits are settled, but we will go 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 is going to try to establish that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.

Typically, the parties come to a deal prior to trial. The goal of the settlement is to satisfy both parties' interests and end the lawsuit. The plaintiffs will receive an amount in one lump sum and the lawsuit will be closed. The amount of money awarded will depend on the severity and medical needs of the injury.

Families with children who have brachial plexus injury often struggle to pay for the expenses. The financial compensation offered by an Erb's palsy lawsuit can help families with the expenses they may incur for treating their children's condition. It may also cover lost wages if the injury affects a child's future ability to work. It also helps to ease the physical and emotional stress of having an injury that can have a profound impact on a child's life. An experienced Erb's palsy attorney can assist families in pursuing the damages they deserve.