Erb's Palsy Litigation

Children with Erb's Palsy can be compensated for future medical bills and treatments. These funds can help families cope emotionally with the birth injury.

Your lawyer will review your medical records to determine the value of your case. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical records

It can be a devastating experience for the family of a child who has Erb's Palsy. The condition can cause pain and swelling, which can make it difficult for children to complete basic tasks such as playing sports or putting on their shirt. A lawsuit filed by a knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step in filing a claim for medical negligence is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need consult with experts in obstetrics or anesthesia, and orthopedic surgery. These experts will provide their opinion on whether Erb's Palsy in your child is due to a medical error or natural cause.

A variety of factors can trigger Erb's palsy due to a variety of causes. Most commonly, Erb's Palsy lawsuits a doctor is prone to using too much force when they perform labor and delivery. This can stretch or tear the brachial plexus nerves, leading to the condition. There are fortunately, specific techniques that physicians can use to prevent this from happening. It is important to contact an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills for your child as well as other expenses related to the injury. This can help 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. They will provide their opinion on the reason for the injury, and whether or not it was due to negligence by a doctor. The expert will also be able to help you determine the severity of your injuries and how they might 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, but it can also occur during c-sections. This injury occurs when doctors move the baby's shoulders to ease delivery. The process can strain and tear the nerves in the armpit which can cause permanent damage.

In some instances the injury may be corrected with surgery, but it may still cause issues. Children with this condition may not be able to lift their hands or use their arms. This can affect their quality of living particularly if it hinders them from playing sports or doing the everyday chores. Some people can benefit from the procedure of muscle transfer in which surgeons place stronger muscles or tendons that support the weaker ones.

When you file a claim, your lawyer will gather as much evidence as they can and then submit it to attorneys for the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.

Documentation

Families can seek compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties liable. Our lawyers have the experience and resources needed to investigate the injuries of your child and determine if a medical professional's negligent actions caused the injury.

One of the most frequent instances of medical malpractice that causes 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 the incorrect use of vacuum extractors or forceps and a long labor that causes stress on a baby's head and shoulders, or shoulder dystocia.

Some children with Erb's Palsy will fully recover and be able to move their arms again. Some babies sustain permanent nerve damage, and will be disabled for the rest their lives. Thankfully, most cases of Erb's paralysis are preventable and the result of medical mistakes during labor and delivery.

After the medical documents and other evidence are taken into consideration, our lawyers will bring a lawsuit against the defendants, typically the doctor or hospital involved in your child's birth. The discovery process starts after the lawsuit has been filed. This could include depositions, other medical records, and expert opinions. The majority of Erb's Palsy lawsuits are resolved, but we will bring your case to trial if it is necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial plexus injury is presenting evidence to a judge or jury. Your Erb's Palsy lawyer will try to prove that the healthcare provider did not act reasonable in a certain set of circumstances. The lawyer representing the defendant will attempt to convince a jury or judge that they were able to act in a reasonable manner.

Typically, the parties will settle the case prior to trial. This is done to satisfy the interests of both sides and bring the lawsuit to a close. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of the compensation will depend on the severity of the injury and the amount of medical care is required in the future.

Parents of children who suffer from brachial plexus injuries face significant costs and often struggle to cover them. Financial compensation from an Erb's psy suit can help families with the expenses they may incur to treat their children's condition. It also helps to cover lost wages if the injury impacts the ability of a child to work in the future. It can also help cover the emotional and physical stress of dealing with an injury that has an immense impact on a child's life. A family attorney who has experience with Erb's Syndrome can help families get the damages they deserve.