Erb's Palsy Litigation

Children with Erb's Palsy can be compensated for future medical expenses and treatment. These funds can also help families deal with the emotional trauma of this birth injury.

Your lawyer will scrutinize your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

It can be devastating to the family of a child who has the condition Erb's - Palsy. The condition can cause swelling, pain and disability that can affect the ability of a child to use their hands for basic tasks, such as playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step in submitting a medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. These experts will give their opinions on whether or not your child's Erb's syndrome was caused by a doctor's error or due to natural causes.

A variety of factors can trigger Erb's paralysis in various ways. The most common cause is that a doctor may use excessive force during labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. There are strategies that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, seek out a lawyer as soon as possible to start a lawsuit. A successful claim can assist in paying for medical expenses as well as other costs associated with the injury. This can help ease the financial burden of your child and improve their quality of life.

Expert Witness Reports

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

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more common in vaginal births, but can occur during C-sections. This injury occurs when doctors move the shoulders of a baby to ease the delivery process. The process can stretch or tear the nerves in the armpit, causing long-term damage.

The injury can sometimes be repaired by surgery, but it can cause complications. Children with this condition may not be able to lift their hands or use their arms. This could affect their quality of life, especially when they are unable to perform everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.

If you file a claim, your lawyer will collect as much evidence as is possible and send it to defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can receive compensation for the injuries their children sustained through filing lawsuits against Erb's Palsy. Additionally, they help prevent future medical errors by holding the parties responsible 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 frequent instances of medical malpractice that causes Erb's palsy is when a doctor pulls too hard on a baby's head, Erb's palsy neck, arms, or shoulders during labor and delivery. This may be due to the incorrect use of vacuum extractors or forceps and a long labor that causes stress on a baby's shoulders and head or shoulder dystocia.

Some children with Erb's Palsy recover completely and are able to move their arms again. However, some babies have permanent nerve damage and be handicapped for the rest of their lives. Fortunately, the majority of cases of Erb's palsy are preventable and result of medical carelessness during labor and delivery.

Once the medical records and other evidence is collected, our attorneys will file a lawsuit against the defendants, which are typically the hospital or doctor involved in your child's birth. The discovery process starts after the lawsuit has been filed. This could include depositions, other medical documents, and expert opinions. Most erb's palsy law firms Palsy lawsuits are settled, but we can go to trial if needed.

Trial preparation

The final step to pursue compensation for a child's brachial-plexus injury is presenting evidence before a jury or judge. Your Erb's palsy lawyer is going to try to establish that the healthcare professional did not behave in a reasonable manner under a particular set of circumstances, while the defendant's attorneys will try to convince the judge or jury that the healthcare professional was acting reasonably.

Typically, the parties will settle the case prior to trial. This is done to satisfy the needs of both sides and bring the litigation to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of money awarded depends on the severity of the injury and how much medical treatment is needed in the future.

Families with children with brachial plexus injuries frequently struggle to pay for the costs. Financial compensation from an Erb's Palsy lawsuit may aid families in paying for Erb's palsy the costs they might incur in treating their children's condition. It can also cover lost wages, if the injury impacts a child's ability to work. It can also help alleviate the emotional and physical anxiety of living with an injury that can alter the course of life. A family attorney who has expertise in Erb's palsy can assist families in obtaining the compensation they deserve.