Erb's Palsy Litigation

A child suffering from erb's palsy could be eligible for compensation to cover future medical costs and treatment. These funds can also assist families deal with the emotional trauma that comes from this birth injury.

Your lawyer will go through your medical documents to determine the merits of your case. They will then file the lawsuit and give the defendants 30 days to respond.

Medical Records

It can be devastating to families when a child suffers from 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. A lawsuit filed by a seasoned Erb's Palsy lawyer can help families recover compensation for their losses.

The first step to file a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics, anesthesia and orthopedic surgery. These experts will offer their opinion on whether Erb's Palsy in your child was due to an undiagnosed medical issue or natural causes.

Several factors can lead to Erb's paralysis in various ways. The most common is when a doctor exerts excessive force during labor and birth. This can stretch or tear the brachial plexus nerves leading to the condition. There are techniques that doctors can use to avoid this. You should contact an attorney as soon as your child was diagnosed with this birth defect. A successful case could help pay for medical bills as well as other costs associated with the injury. This will reduce the financial burden of your child and enhance their quality of life.

Expert witness reports

A medical expert will be required to look over your Erb's palsy case and give a final opinion on what caused the injury and whether it was due to a doctor's negligence. The expert will also help you determine the extent of your injuries and how they may affect your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This occurs more often in vaginal births, however it can also occur during c-sections. The injury usually occurs by doctors who have to move the baby's shoulders to facilitate delivery. The process may stretch or tear the nerves in the armpit, leading to permanent damage.

The injury can sometimes be repaired by surgery, but it can cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. This could negatively impact their quality of life, especially if it prevents them from playing sports or carrying out everyday tasks. Some people are able to benefit from a procedure called muscle transfer, in which surgeons implant stronger muscles or tendons that support weaker ones.

If you file a claim your lawyer will gather as much evidence as possible and then submit it to attorneys for the defendants. The defendants will 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 get compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. They also help prevent future medical errors by holding accountable parties accountable. Our lawyers are equipped with the resources and experience to examine the injury of your child and determine whether a medical professional's negligent actions caused the injury.

One of the most frequent instances of medical malpractice causing Erb's syndrome is when a doctor pulls too hard on a baby's head, neck or shoulders during labor and birth. This could be due to the incorrect use of vacuum extractors. It can also be due to a long labor that causes stress to the baby's head and shoulders.

Some babies with Erb's palsy recover completely and are able to move their arms again. Some babies develop 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 caused by medical malpractice during labor and birth.

After the medical records and other evidence have been taken into consideration, our lawyers will bring a lawsuit against the defendants, which is usually the hospital or doctor that was involved in your child's birth. The discovery process begins after the lawsuit has been filed. This includes depositions, additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, but we're prepared to take your case all the way through trial if necessary.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries suffered by children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare provider failed to act reasonable in a certain set of circumstances. The defendant's lawyers will attempt to convince a jury or judge that they acted reasonably.

In most cases, the parties reach an agreement before the trial. The settlement is intended to satisfy both parties' needs and also to close the case. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of the compensation is contingent on the severity and medical requirements of the injury.

Families with children with brachial plexus injuries often struggle to pay for the costs. A lawsuit for Erb's Palsy can provide financial compensation for families who might have to pay for the treatment of their children's condition. It also assists with the loss of earnings if the injury affects the ability of a child to work in the future. It can also help cover the physical and emotional stress of having an injury that can have a profound impact on the life of a child. An experienced Erb's palsy attorney will assist families in pursuing the damages they are entitled to.