Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for medical treatment and future expenses. These funds may also help families cope with the emotional stress of this birth injury.

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

Medical Records

When a child suffers from Erb's palsy, it could be devastating for their families. The condition can cause swelling and pain that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

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

There are many factors that can trigger Erb's palsy due to a variety of causes. The most common reason is when a doctor applies too much force during labor and delivery. This can cause strain or tear to brachial nerves causing the condition. There are fortunately, specific methods that doctors can employ to stop this from occurring. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. A successful claim could help pay for medical bills as well as other costs associated with the injury. This can help alleviate financial burdens and improve your child's overall quality of life.

Expert witness reports

A medical expert will be needed to review your Erb's palsy case and provide a verdict on what caused the injury and if it was due to negligence by a doctor. The expert will also be able to help you determine how serious your injuries are and how they may affect 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. This injury happens when doctors move the baby's shoulders to facilitate delivery. The process can stretch and tear the nerves in the armpit and cause permanent damage.

In certain instances the injury can be corrected with surgery, but it could still cause issues. Children who suffer from this condition may not be able use their arms or raise their hands. This can affect their quality of life, especially when they are unable to participate in sports or carry out 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.

If you file a claim, your lawyer will gather as much evidence as possible and present it to defendants' attorneys. The defendants have 30 days to respond. After this the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits can help families obtain compensation for injuries sustained by their children. They also help prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injury and determine if the negligence of a medical professional caused the injury.

One of the most common instances of medical malpractice that causes Erb's palsy is when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and birth. This could be due to the improper use of vacuum extractors or forceps or a prolonged labor that results in stress on a baby's head and shoulders, or shoulder dystocia.

Some babies with Erb's palsy recover completely and are able to move their arm normally again. Some babies suffer permanent nerve damage, and will be disabled for the rest of their lives. The majority of cases of Erb's palsy can be avoided and are the result of medical malpractice during labor and birth.

Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical documents and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions and other medical documents. Expert opinions are also available. The majority of Erb's Palsy lawsuits end with a settlement, but we are prepared to pursue your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus suffered by children is to make arguments before a judge or jury. Your Erb's ailment lawyer will try to prove that the healthcare provider did not be reasonable in a particular 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.

In most instances, the parties reach an agreement before the trial. The goal of the settlement is to satisfy both parties' interests and also to close the case. The plaintiffs will receive an amount of money in one lump and the lawsuit will be closed. The amount of the compensation depends on the severity of the injury and the amount of medical care will be needed in the future.

Families with children suffering from brachial plexus injuries frequently struggle to pay for the expenses. The financial compensation offered by an Erb's psy suit can help families with the expenses they might incur in treating their children's illness. It also assists in recouping lost wages if the injury impacts the ability of a child to work in the future. Additionally, it can help to ease the emotional and physical stress of living with an injury that can alter the course of life. An experienced attorney for erb's palsy lawyer Palsy can help families pursue the damages they deserve.