Erb's Palsy Litigation

A child suffering from erb's palsy might be eligible to receive compensation for medical treatment and future expenses. These funds can assist families in dealing with this birth injury.

Your lawyer will go through your medical documents and determine what your case is worth. The lawsuit is filed and defendants have 30 days to respond.

Medical records

If a child is affected by Erb's syndrome, it can be devastating for the family. The condition can cause swelling, pain and impairment that can hinder the ability of a child 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 can help families recover compensation for their losses.

The first step to filing a claim for medical negligence is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. Experts will give their opinion on if Erb's ailment in your child was due to an undiagnosed medical issue or natural cause.

There are many factors that can trigger Erb's Palsy in a variety of ways. Most often, a doctor may use excessive force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves, which can cause the condition. There are methods that doctors can employ to avoid this. It is recommended to speak with an attorney immediately if your child was diagnosed with this birth defect. A successful case could be able to pay for medical bills as well as other costs associated with the injury. This can alleviate financial burdens and enhance your child's quality of life.

Expert witness reports

An expert medical will be required to examine your Erb's palsy case. They will provide their opinion about what caused the injury, and whether or not it was due to negligence by a physician. The expert can also help you determine the severity of your injuries and how they might impact your future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common in vaginal births however it can occur during c-sections. This type of injury occurs when doctors move the baby's shoulders to facilitate delivery. The process may cause nerve damage or stretch in the armpit, which can cause permanent damage.

In certain instances injuries can be treated with surgery, but it may still cause issues. Children with this condition might not be able to use their arms or raise their hands. This can affect their quality of life and, in particular, if it stops them from playing sports or performing everyday tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to support weaker ones.

When you file a claim your lawyer will gather as much evidence as possible and submit it to the 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

Erb's palsy lawsuits can help families get compensation for injuries suffered by their children. Additionally, they help keep medical errors from happening again by holding the responsible parties accountable. Our lawyers have the knowledge and resources to thoroughly examine your child's case and determine if a medical professional's negligence 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 pulls too hard on a baby's head neck or shoulders during labor and delivery. This could be due the incorrect use of forceps or vacuum extractors and a long labor that puts stress on the baby's shoulders and head or shoulder dystocia.

Some babies with Erb’s palsy will recover completely and be able to move their arms normally again. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Most cases of Erb’s palsy can be prevented and result from medical malpractice during labor and delivery.

After the medical records and other evidence is obtained, our lawyers will file a lawsuit against the defendants, which is usually the hospital or doctor who was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, additional medical documents, as well as expert opinions. The majority of Erb's Palsy lawsuits are settled, but we will consider bringing your case to trial if necessary.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries in children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to show that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional was acting reasonably.

In the majority of cases, the parties come to an agreement before the trial. The settlement is intended to satisfy both parties' interests and also to close the case. The plaintiffs will receive a lump sum of money and the lawsuit will end. The amount of compensation received is contingent upon the severity of the injury and how much medical care is required in the future.

Families with children suffering from brachial plexus injury often struggle to cover the costs. A lawsuit against Erb's Palsy can provide financial compensation to families who are likely to pay for medical expenses related to their children's condition. It also assists in recouping lost earnings if the injury affects the ability of a child to work in the future. Additionally, it can help to ease the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's palsy attorney can assist families to pursue the damages they are entitled to.