Erb's Palsy Litigation

A child suffering from erb's palsy could be eligible for compensation to cover the cost of treatment and future medical expenses. These funds can assist families in dealing with this birth injury.

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

Medical Records

It can be devastating for a family when a child is diagnosed with Erb's Palsy. The condition can cause pain, swelling and disability that may affect a child's ability to use their hands for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can help families get compensation for their losses.

The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will offer their opinions on whether or not your child's Erb's paralysis was caused by an error by a doctor or due to natural causes.

Erb's palsy can be caused by a variety of factors. The most common reason is when a doctor applies excessive force during labor and birth. This can tear or stretch the brachial nerves, leading to the condition. There are methods that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, you must seek out a lawyer as soon as possible to file a lawsuit. The compensation you receive from a successful lawsuit can help pay for the medical bills of your child and other costs associated with the injury. This can help ease 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 provide their opinion about what caused the injury, and whether or not it was caused by negligence by a physician. The expert will also be able to help you determine the severity of your injuries and how they might impact your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This is more common in vaginal births however it can occur during C-sections. The injury is often caused when doctors must move the baby's shoulders in order to facilitate delivery. The process can strain and tear the nerves of the armpit which can cause permanent damage.

The injury is sometimes repaired by surgery, but it may cause complications. Children who suffer from this condition might not be able raise their hands or use their arms. This can impact their well-being, especially when they are unable play sports or do everyday tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to support weaker ones.

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

Documentation

Families can get compensation for the injuries their children sustained by filing lawsuits against Erb's Palsy. They also can prevent future medical errors by holding responsible parties liable. Our lawyers have the experience and resources to fully examine your child's case and determine if an error by a medical professional led to the brachial plexus injury.

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

A few babies who suffer from Erb's paralysis can fully recover and be able to move their arms in a normal way. But, others suffer permanent nerve damage and will be disabled for the remainder of their lives. Fortunately, Erb's palsy lawsuit the majority cases of Erb's paralysis can be prevented and are the result of medical inattention during labor and birth.

After the medical records and other evidence have been obtained, our lawyers will file a lawsuit against the defendants, which is usually the hospital or doctor involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions and additional medical documents. Expert opinions are also provided. The majority of Erb's palsy lawsuits result in settlements, but we're ready to take your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial nerve injury is presenting arguments to a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional failed to act reasonably in a specific set of circumstances, while the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional was acting reasonably.

In most cases, the parties reach an agreement before the trial. The intention is to satisfy both parties' interests and to end the lawsuit. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation depends on the severity of the injury and how much medical care will be needed in the future.

Families with children with brachial plexus injury often struggle to cover the costs. The financial compensation offered by an Erb's Palsy lawsuit may help families pay for the expenses they may incur for treating their children's illness. It can also cover lost wages if the condition impacts a child's ability to work. It can also help alleviate the physical and emotional burden of having an injury that has a profound impact on a child's life. An experienced family lawyer who has experience in Erb's Palsy can help families get the damages they deserve.