Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover future medical costs and treatment. These funds may also help families deal with the emotional stress of this birth injury.

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

Medical records

It can be a major blow to the family of a child who suffers from Erb's palsy. The condition can cause pain, swelling and disability that can affect a child's ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for their losses.

The first step of filing the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will scrutinize these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinion on whether the child's Erb's syndrome was caused by an error made by a doctor, or due to natural causes.

Erb's Palsy can be caused by several factors. Most often, doctors will use too much force when performing labor and delivery. This can cause strain or tears to the brachial plexus nerves which can cause the condition. There are fortunately, specific techniques that physicians can employ to stop this from occurring. If your child has been diagnosed with this birth injury, you must get in touch with a lawyer immediately to file a lawsuit. A successful case could aid in the payment of medical bills and other expenses relating to the injury. This could ease your child's financial burden and enhance their quality of life.

Expert witness reports

An expert medical will be needed to analyze your Erb's palsy case. They will provide their opinion about what caused the injury and whether it was caused by negligence by a doctor. The expert will also help you 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. This is more prevalent during vaginal births, but can also occur during c-sections. The injury is often caused when doctors have to move the baby's shoulders to facilitate delivery. The process can cause stretching and tear to the armpit's nerves creating permanent damage.

In certain cases, the injury can be repaired with surgery, but it may still cause problems. Children who suffer from this condition may not be able to use their arms or raise their hands. This can negatively impact their living quality and can hinder them from playing sports or doing the everyday chores. Some people can benefit from muscle transfer surgeries that involve the surgical placement of stronger muscles or tendons in order to support weaker ones.

Your lawyer will gather as any evidence as you can, and send it to the attorneys of the defendants. The defendants have 30 days to respond. Following this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding those responsible accountable. Our lawyers have the experience and resources needed to investigate your child's injuries and determine whether a medical professional's negligent actions caused the injury.

One of the most frequent instances of medical malpractice that causes Erb's palsy is when a doctor puts too hard on a baby's head, neck or shoulders during labor and birth. This could be due the improper use of vacuum extractors or forceps as well as a long labor which results in stress on a baby's shoulders and head, or shoulder dystocia.

Some babies with Erb's palsy recover completely and can move their arm normally again. However, other babies have permanent nerve damage and be handicapped for the remainder of their lives. Fortunately, the majority of cases of Erb's Palsy are preventable and the result of medical inattention during labor and birth.

After the medical records and other evidence are taken into consideration, our lawyers will begin a lawsuit against defendants, typically the hospital or doctor involved in the birth of your child. After the lawsuit is filed, the discovery process will begin. This includes depositions as well as additional medical records. Expert opinions are also included. Most Erb's palsy lawsuits end in settlements, but we are prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for brachial-plexus injuries suffered by children is to present evidence before a jury or judge. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The defendant's lawyers will attempt to convince a judge or jury that they acted reasonably.

Typically, the parties reach a settlement before trial. The intention is to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of the compensation is contingent on the severity and future medical requirements of the injury.

Children who suffer from brachial plexus injuries often struggle to pay for the expenses. Financial compensation from an Erb's palsy lawsuit can assist families with the costs they may incur for treating their children's condition. It also helps cover lost wages if the injury impacts a child's ability to work in the future. Additionally, it can help cover the physical and emotional stress of living with an injury that can alter the course of life. An experienced Erb's-Palsy attorney will assist families in pursuing the compensation they deserve.