Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical bills and treatments. These funds can also help families cope 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. The lawsuit is filed and defendants will have 30 days to respond.

Medical records

When a child suffers from Erb's Palsy, it can be devastating for their families. The condition can cause pain, swelling and impairment that can hinder the child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's Palsy lawyer can help families recover compensation for their losses.

The first step to file a claim for medical negligence is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through the documents and may have consult with experts in obstetrics or anesthesia, and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child was the result of an error in medical treatment or natural cause.

Erb's palsy can be caused by a variety of causes. Most often, doctors uses too much force when they perform labor and delivery. This can tear or stretch brachial nerves, causing the condition. There are fortunately, specific methods that doctors can employ to stop this from happening. If your child has been diagnosed with this birth injury, you should get in touch with a lawyer immediately to bring a lawsuit. A successful lawsuit could assist in paying for medical expenses and other expenses relating to the injury. This can help ease the financial burden and improve your child's overall quality of life.

Expert Witness Reports

A medical professional is needed to analyze your Erb's palsy case. They will offer their opinion on what caused the injury and whether it was due to negligence by a doctor. The expert will also be able to help you determine the severity of your injuries and how they could impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more frequent in vaginal births, but it can also occur during c-sections. This injury occurs when doctors move the shoulders of a newborn to facilitate delivery. The process can stretch or tear the nerves in the armpit, causing long-term damage.

The injury can sometimes be repaired by surgery, but can still cause complications. Children with this condition may not be able raise their hands or use their arms. This could affect their well-being, especially when they are unable participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers. In these, surgeons insert stronger tendons or muscles to help weaker ones.

If you file a claim your lawyer will collect as much evidence as is possible and then submit it to attorneys for the defendants. The defendants have 30 days to respond. Following this the court will then 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. In addition, they can prevent future medical errors by holding the responsible parties accountable. Our lawyers have the knowledge and resources to thoroughly investigate your child's case and determine whether negligence by a medical professional contributed to the brachial plexus injury.

One of the most common instances of medical malpractice that causes Erb's syndrome is when a doctor puts too hard on a baby's head, neck or shoulders during labor and birth. This could be due to the improper use or vacuum extractors. It can also be caused by a prolonged labor that puts stress on the baby's head and shoulders.

Some children with Erb's Palsy will fully recover and be capable of moving their arms in a normal way. However, other babies have permanent nerve damage and be disabled for the rest of their lives. Most cases of Erb’s palsy can be avoided and result from medical malpractice during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all medical records and evidence. Once the lawsuit has been filed, the process of discovery will begin. This could include depositions, other medical documents, as well as expert opinions. Most Erb's palsy lawsuits end with a settlement, but we're ready to take your case to trial if needed.

Trial preparation

The final step in seeking compensation for injuries to the brachial plexus in children is to make arguments before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The attorneys representing the defendant will try to convince a judge or jury that they were able to act in a reasonable manner.

Typically, the parties agree to a settlement prior to trial. This is done to satisfy the interests of both sides and bring the lawsuit to a close. The plaintiffs will receive an amount in one lump sum and the lawsuit will close. The amount of compensation depends on the severity of the injury and the amount of medical care is required in the future.

Families with children suffering from brachial plexus injuries frequently struggle to pay for the costs. A lawsuit for Erb's psy can offer financial compensation to families that may need to pay for treatment costs for their children's ailments. It also assists with the loss of wages if the injury impacts the child's ability to work in the future. In addition, it helps cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced attorney from Erb's palsy can help families pursue the damages they are entitled to.