Erb's Palsy Litigation

A child with erb's palsy could be eligible for compensation to cover medical treatment and future expenses. These funds can also help families cope with the emotional trauma that comes from this birth injury.

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

Medical Records

It can be a major blow to a family when a child is diagnosed with Erb's Palsy. The condition can cause pain, swelling and disability that can affect a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can help families receive compensation for their losses.

The first step in submitting an action for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will give their opinions on whether your child's Erb's ailment was the result of an error made by a doctor, or due to natural causes.

There are many factors that can trigger Erb's palsy due to a variety of causes. Most commonly, a doctor Erb's palsy lawsuits will use too much force when they perform labor and delivery. This can tear or stretch the brachial plexus nerves, leading to the condition. Fortunately, there are specific methods that doctors can employ to stop this from happening. 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 benefits of a successful claim can be used to pay the medical bills of your child and other costs associated with the injury. This can ease the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical expert will be required to evaluate your Erb's palsy case and give an opinion about the cause of the injury, and whether it was due to the negligence of a doctor. The expert can also help determine the severity of your injuries and how they will impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more frequent in vaginal births, however it can also occur during c-sections. The injury is often caused when doctors have to move a baby's shoulders around to facilitate the delivery. The process may pull or tear the nerves in the armpit, causing long-term damage.

The injury may be corrected by surgery, but can still cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. This can affect their quality of living, especially if it prevents them from playing activities or doing everyday tasks. Some people are able to benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons to help support the weaker ones.

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

Documentation

Families can receive compensation for the harm their children sustained by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers have the expertise and resources to thoroughly investigate your child's medical history and determine if negligence by a medical professional contributed to the brachial plexus injury.

One of the most frequent instances of medical malpractice causing Erb's Palsy is when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and delivery. This could be due to the improper use of vacuum extractors. It can also be caused by a prolonged labor that puts stress on the baby's head and shoulders.

A few babies who suffer from Erb's paralysis can fully recover and be able to move their arms in a normal way. Some babies sustain permanent nerve damage, and may be disabled for the rest their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and result of medical carelessness during labor and delivery.

Our attorneys will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all medical records and evidence. After the lawsuit is filed, the discovery process will begin. This will include depositions as well as additional medical records, and expert opinions. Most Erb's Palsy lawsuits are settled, but we can take your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial nerve injury is to present your case before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonably.

In most instances, the parties reach an agreement prior to trial. This is done to satisfy the desires of both sides and bring the lawsuit to a close. The plaintiffs will receive a lump sum of money and the lawsuit will end. The amount of the compensation is contingent on the severity and future medical needs of the injury.

Parents of children suffering from brachial-plexus injuries have to face huge costs and often struggle to cover the costs. A lawsuit involving Erb's palsy can provide financial compensation to families who may have to pay for the treatment of their children's illness. It could also help cover the loss of wages if the injury can affect a child's future capacity to work. Additionally, it can help cover the physical and emotional stress of living with an injury that can alter the course of life. An experienced attorney from Erb's palsy can assist families to pursue the damages they deserve.