Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can receive compensation for future medical bills and treatments. These funds may also help families deal with the emotional trauma of this birth injury.

Your lawyer will scrutinize your medical documents to determine the merits of your case. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical records

It can be devastating for the family of a child who has Erb's Palsy. The condition can cause swelling and pain that can make it difficult for a child to perform basic tasks like playing sports or putting on their shirt. An experienced Erb's Palsy lawyer can help families receive compensation for their losses.

The first step to filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need consult with experts in obstetrics or anesthesia, and orthopedic surgery. These experts will provide their opinion on whether the child's Erb's syndrome was the result of a doctor's error or due to natural causes.

Several factors can lead to Erb's Palsy in a variety of ways. The most common cause is that a doctor is prone to using too much force when performing labor and delivery. This can tear or stretch brachial nerves and trigger the condition. There are a variety of techniques doctors can use to avoid this. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. A successful claim can be able to pay for medical bills and other expenses related to the injury. This will ease your child's financial burden and improve 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 how serious your injuries are and how they could impact your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more common during vaginal births but can happen during C-sections. The injury usually occurs when doctors have to move a baby's shoulders around to facilitate delivery. The process can strain and tear the armpit nerves causing permanent damage.

In some cases the injury can be corrected with surgery, but it can still cause issues. Children with this condition may not be able raise their hands or use their arms. This can negatively impact their daily living and can hinder them from participating in activities or doing everyday tasks. Some people are able to benefit from a procedure called muscle transfer in which surgeons place stronger muscles or tendons in order to support the weaker ones.

When you file a claim, your lawyer will gather as much evidence as possible and present it to defendants' attorneys. 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

Families can claim compensation for the harm their children sustained by filing Erb's Palsy lawsuits. In addition, they can stop future medical errors from occurring by holding the parties responsible accountable. Our lawyers have the knowledge and resources to thoroughly examine your child's medical history and determine if an error by a medical professional led to a brachial plexus injury.

Erb's palsy may be caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during the delivery. This could be due to the incorrect use of vacuum extractors or forceps or a prolonged labor that puts stress on the baby's shoulders and head or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and can move their arms normally. However, some babies have permanent nerve damage and be disabled for the remainder of their lives. Fortunately, the majority of cases of Erb's palsy are preventable and a result of medical mistakes during labor and delivery.

Our attorneys will file a suit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all the medical records and evidence. The discovery process begins once the lawsuit has been filed. This could include depositions, other medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case to trial if necessary.

Trial preparation

The final stage of seeking compensation for a child's brachial-plexus injury is to present your case to a judge or jury. Your Erb's ailment lawyer will try to prove that the healthcare provider failed to be reasonable in a particular set of circumstances. The attorneys representing the defendant will attempt to convince a judge or jury that they acted in a reasonable manner.

In most instances, the parties reach an agreement prior to trial. The goal of the settlement is to satisfy both parties' interests and end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation depends on the severity of the injury and the amount of medical treatment is needed in the future.

Families with children suffering from brachial plexus injuries frequently struggle to pay for the costs. The financial compensation offered by an Erb's palsy lawsuit can assist families with the costs they might incur in treating their children's illness. It may also cover lost earnings, if the injury impacts a child's ability to work. It can also help cover the physical and emotional stress of living with a life-altering birth injury. An experienced attorney from Erb's palsy can assist families in pursuing the damages they deserve.