Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover treatment and future medical expenses. These funds can aid families to cope with the trauma of birth.

Your lawyer will review 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 devastating experience for families when a child suffers from Erb's palsy. The condition can cause pain, swelling and impairment that can hinder the ability of a child to use their hands for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can help families get compensation for their losses.

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

Erb's Palsy is caused by a variety of factors. Most commonly, a doctor is prone to using too much force when performing labor and delivery. This can stretch or tear brachial nerves and trigger the condition. Fortunately, there are specific methods that doctors can use to prevent this from occurring. If your child has been diagnosed with this birth injury, you must contact a lawyer immediately to file a lawsuit. Compensation from a successful claim can help pay for the medical bills of your child and other costs related to the injury. This could help your child's financial burden and improve their life quality.

Expert Witness Reports

An expert medical will be required to review your Erb’s palsy case. They will offer their opinion on the reason for the injury and whether it was caused by negligence by a physician. The expert will also be able to help you determine the severity of your injuries and how they may impact your future.

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

The injury is sometimes repaired through surgery, but can still cause complications. Children with this condition might not be able use their arms or raise their hands. This can be detrimental to their quality of living particularly if it hinders them from playing activities or doing everyday tasks. Certain people might benefit from muscle transfers. In these, surgeons implant stronger tendons or muscles to help weaker ones.

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

Documentation

Families can receive compensation for the harm their children suffered by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the expertise and resources to thoroughly investigate your child's medical history and determine if an error by a medical professional led to the brachial plexus injury.

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

Some babies suffering from Erb's palsy can fully recover and be capable of moving their arms again. Some babies are permanently affected by nerve damage, and may be disabled for the rest their lives. Most cases of Erb’s palsy can be avoided and are the result of medical malpractice during labor and birth.

After the medical records and other evidence are obtained, our lawyers will start a lawsuit against defendants, which is typically the doctor or hospital involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions, further medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, but we're ready to take your case to trial if necessary.

Trial preparation

The final step to pursue compensation for a child's brachial-plexus injury is to present your case to a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare provider did not behave in a reasonable manner under a specific 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. This is designed to satisfy the interests of both sides and bring the case to an end. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of the compensation will depend on the severity of the injury and how much medical care will be needed in the future.

Parents of children suffering from brachial-plexus injuries have to face huge expenses and often have to cover these costs. A lawsuit for erb's palsy lawsuit Palsy can provide financial compensation to families that may need to incur expenses in treating their children's condition. It also assists in recouping lost wages if the injury impacts the ability of a child to work in the future. Finally, it can help deal with the emotional and physical anxiety of living with a life-altering birth injury. A family lawyer with expertise in Erb's palsy can assist families to receive the compensation they are entitled to.