Erb's Palsy Litigation

A child suffering from erb's palsy might be eligible to receive compensation for treatment and future medical expenses. The funds could also help families cope with the emotional trauma of this birth injury.

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

The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may have to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. Experts will give their opinion on if Erb's ailment in your child was due to an error in medicine or natural causes.

Many factors can cause Erb's Palsy in a variety of ways. The most common reason is when a doctor uses excessive force during labor and birth. This can cause stretching or tears to the brachial nerves, leading to the condition. Fortunately, there are specific techniques that physicians can employ to prevent this from occurring. It is recommended to speak with an attorney right away if you suspect that your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills of your child as well as other costs associated with the injury. This can help reduce the financial burden and enhance your child's quality of life.

Expert witness reports

An expert medical is required to examine your Erb's palsy case. They will offer their opinion about what caused the injury, and whether or not it was due to negligence by a physician. The expert will also assist you to determine the extent of your injuries and how they may affect your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more frequent in vaginal births, however it may also occur during c-sections. This injury happens when doctors move the baby's shoulders to ease delivery. The procedure can tear and stretch the armpit's nerves and cause permanent damage.

In some instances, the injury can be repaired with surgery, but it may still cause issues. Children suffering from this condition may not be able their hands or use their arms. This can impact their well-being, especially those who are unable perform everyday tasks. Some people may benefit from muscle transfers. In these, surgeons insert stronger tendons and muscles to help weaker ones.

Your lawyer will collect as any evidence as you can, and send it to the lawyers of the defendants. The defendants have 30 days to respond. After this the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the harm their children suffered by filing a lawsuit for Erb's Psy. In addition, they can prevent future medical mistakes by holding those responsible accountable. Our lawyers are equipped with the resources and experience to investigate the injuries of your child and determine if a medical professional's negligent actions caused it.

Erb's Palsy can be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during delivery. This could be due to the improper use of forceps or vacuum extractors or a prolonged labor that puts stress on the baby's shoulders and head or shoulder dystocia.

Some babies with Erb’s palsy can fully recover and be able to move their arms normal. Some babies sustain permanent nerve damage, and will be disabled for the rest of their lives. The majority of cases of Erb's Palsy can be prevented and are the result of medical malpractice during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all medical records and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions and additional medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlements, 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 in children is to present arguments before a jury or judge. Your Erb's palsy lawyer is going to try to establish that the healthcare professional did not perform their duties in a particular situation, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted reasonably.

Typically, the parties settle the case prior to trial. The settlement is intended to satisfy both parties' interests and also to close the case. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of money awarded is based on the severity the injury and how much medical care is required in the future.

Parents of children suffering from brachial plexus injury face substantial costs and often struggle to cover the costs. Financial compensation from an Erb's palsy lawsuit can help families pay for the expenses they may incur for treating their children's condition. It can also cover lost wages if the condition impacts a child's ability to work. In addition, it helps cover the physical and emotional stress of living with a life-altering birth injury. An experienced attorney from Erb's palsy can assist families in pursuing the compensation they deserve.