Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical expenses and treatment. These funds can help families cope emotionally with the trauma of birth.

Your lawyer will examine 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

It can be a major blow to a family when a child suffers from Erb's palsy. The condition can cause pain, swelling and impairment that can hinder a child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a seasoned erb's palsy lawsuit palsy lawyer can assist families receive compensation for their losses.

The first step to file a claim for medical negligence is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may have to consult experts in obstetrics and anesthesia, and orthopedic surgery. They will give you their opinion on whether Erb's Palsy in your child was the result of a medical error or natural causes.

Erb's Palsy may be caused by several factors. Most often, a doctor may use too much force when performing labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. If your child has been diagnosed with this birth injury, you should seek out a lawyer as soon as possible to start a lawsuit. The benefits of a successful claim will pay for your child's medical bills and other costs associated with the injury. This will help your child's financial burden and improve their quality of life.

Expert Witness Reports

A medical professional will be needed to review your Erb's palsy case and provide an opinion on what caused the injury and whether it was caused by the negligence of a doctor. The expert will also assist you to determine the severity of your injuries and how they will impact your life in the 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 type of injury occurs when doctors move the shoulders of a newborn to ease the delivery process. The procedure can tear and stretch the nerves in the armpit causing permanent damage.

In some cases, the injury can be corrected through surgery, but it could 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 life, especially if it prevents them from playing sports or performing everyday tasks. Some people are able to benefit from a procedure called muscle transfer, in which surgeons implant stronger muscles or tendons in order to support the weaker ones.

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

Documentation

Families can get compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the experience and resources to thoroughly examine your child's situation and determine if negligence by a medical professional contributed 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 pulls too hard on a baby's head, neck or shoulders during labor and birth. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's shoulders and head or shoulder dystocia.

Some babies suffering from Erb's palsy will recover completely and be capable of moving their arms normally again. Some babies are permanently affected by nerve damage, and will be disabled for the rest of their lives. Thankfully, most cases of Erb's paralysis are preventable and a result of medical carelessness during labor and delivery.

Once the medical records and other evidence is collected, our attorneys will begin a lawsuit against defendants, which is usually the hospital or doctor that was involved in the birth of your child. After the lawsuit is filed, the discovery process will begin. This includes depositions, further medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for a child's plexus brachial injury is to present arguments to a judge or jury. Your Erb's palsy 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 try to convince a judge or jury that they acted reasonably.

In most instances, the parties reach an agreement before trial. The aim of the settlement is to satisfy both parties' needs and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent on the severity and future medical requirements of the injury.

Parents of children suffering from brachial-plexus injuries have to face huge expenses and often have to cover these costs. A lawsuit against Erb's Palsy could offer financial relief to families who may have to incur expenses in treating their children's condition. It could also help cover the loss of wages, if the injury hinders a child's ability to work. It also helps to ease the physical and emotional strain of being a victim of an injury that has an immense impact on the child's life. A family attorney who has experience with Erb's Syndrome can help families receive the compensation they deserve.