Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can receive compensation for future medical bills and treatments. The funds could also help families cope with the emotional trauma caused by this birth injury.

Your lawyer will go through 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 has Erb's palsy, it could be devastating for the family. The condition can cause pain, swelling and disability that can affect the child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families receive compensation for their losses.

The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was due to a medical error or natural causes.

Many factors can cause Erb's palsy. The most common is when a doctor uses too much force during labor and birth. This can tear or stretch brachial nerves, causing the condition. There are methods that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to start a lawsuit. A successful claim can help pay for medical bills and other expenses relating to the injury. This can help ease the financial burden of your child and enhance their quality of life.

Expert Witness Reports

An expert medical is required to evaluate your Erb's palsy case. They will give their opinion about what caused the injury and whether it was due to negligence by a doctor. The expert can also help determine how serious your injuries are and how they will impact your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. It is more common during vaginal births but may also occur during c-sections. The injury is often caused by doctors who have to move a baby's shoulders around to facilitate delivery. The process can strain and tear the nerves in the armpit causing permanent damage.

The injury can sometimes be repaired through surgery, but it can cause complications. Children who suffer from this condition might not be able to lift their hands or use their arms. This can affect their quality of life, especially when they are unable to play sports or do everyday tasks. Some people may benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to help weaker ones.

Your lawyer will collect as much evidence as you can and then send it to the attorneys of the defendants. The defendants have 30 days to respond. Following this 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 lawsuits for Erb's palsy. Additionally, they help stop future medical errors from occurring by holding the accountable parties accountable. Our lawyers have the expertise and resources to fully examine your child's case and determine whether an error by a medical professional led to his or her brachial plexus injury.

One of the most common instances of medical malpractice that causes Erb's Palsy is when a doctor puts too hard on a baby's head neck or shoulders during labor and delivery. This could be due to the incorrect use of vacuum extractors. It can also be due to a long labor, which causes stress to the baby's head and shoulders.

Some babies suffering from Erb's palsy can fully recover and be able to move their arms again. But, others suffer permanent nerve damage and suffer from disability for the remainder of their lives. The majority of cases of Erb's Palsy can be prevented and are caused by medical malpractice during labor and birth.

After the medical documents and other evidence are taken, our attorneys will file a lawsuit against the defendants, which is usually the hospital or Erb's palsy lawsuit doctor involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, further medical documents, as well as expert opinions. The majority of Erb's palsy lawsuits result with a settlement, but we are prepared to take your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus suffered by children is to present evidence before a jury or judge. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The attorneys representing the defendant will attempt to convince a jury or judge that they acted reasonable.

Typically, the parties agree to a settlement prior to trial. The intention is to satisfy both parties' needs and to end the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of the compensation is contingent on the severity and medical requirements of the injury.

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to cover the costs. A lawsuit against Erb's Palsy can offer financial compensation for families who might have to incur expenses in treating their children's condition. It can also pay for lost wages, if the injury affects a child's future ability to work. In addition, it helps to ease the emotional and physical stress of living with a life-altering birth injury. An experienced family lawyer who has experience in Erb's Palsy can assist families in obtaining the compensation they are entitled to.