Erb's Palsy Litigation

A child suffering from erb's paralysis might be eligible to receive compensation for the cost of treatment and future medical expenses. These funds can also help families cope with the emotional trauma of this birth injury.

Your lawyer will examine your medical documents and determine what your case is worth. The lawsuit will be filed and the defendants have 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 may affect the ability of a child to use their hands for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step in submitting the medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will offer their opinion on if erb's palsy law firm ailment in your child is due to an error in medical treatment or natural causes.

A variety of factors can trigger Erb's Palsy in a variety of ways. The most common is when a doctor exerts excessive force during labor and birth. This can cause strain or tear to brachial nerves and trigger the condition. There are fortunately, specific methods that doctors can use to prevent this from occurring. It is important to contact an attorney right away if your child was diagnosed with this birth defect. The money you receive from a successful claim will pay for the medical bills of your child and other costs associated with the injury. This can help alleviate financial burdens and enhance your child's quality of life.

Expert witness reports

An expert medical will be required to review your Erb’s palsy case. They will offer their opinion on what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also be able to help you determine how serious your injuries are and how they might affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more prevalent in vaginal births, but can occur during c-sections. The injury is usually caused when doctors have to move the baby's shoulders to facilitate delivery. The process may pull or tear the nerves in the armpit, leading to permanent damage.

The injury may be corrected by surgery, but it can cause complications. Children who suffer from this condition might not be able their hands or use their arms. This can impact their quality of life, particularly those who are unable engage in sports or perform daily tasks. Certain people can benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons in order to support the weaker ones.

Your lawyer will gather as any evidence as you can, and send it to the attorneys of 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

Erb's palsy lawsuits can help families obtain compensation for injuries to their children. Additionally, they help prevent future medical mistakes by holding the accountable parties accountable. Our lawyers have the knowledge and resources to investigate your child's injuries and determine if a medical professional's negligent actions caused the injury.

Erb's Palsy can be caused by a physician pulling too hard on the baby's neck, head, or shoulders during the delivery. This may be due to the incorrect use of vacuum extractors or forceps or a prolonged labor that creates stress on a baby's head and shoulders or shoulder dystocia.

Some babies with Erb’s palsy can fully recover and be capable of moving their arms normally again. Some babies suffer permanent nerve damage and will be disabled for the rest their lives. Fortunately, the majority of cases of Erb's palsy are preventable and the result of medical mistakes during labor and delivery.

After the medical records and other evidence are taken, our attorneys will begin a lawsuit against defendants, which is usually the hospital or doctor that was involved in your child's birth. Once the lawsuit has been filed, the discovery process will begin. This will include depositions as well as additional medical documents, and expert opinions. The majority of Erb's Palsy lawsuits end in settlement, however we are prepared to take your case all the way through trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to make arguments before a judge or jury. Your Erb's palsy lawyer will attempt to show that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.

Typically, the parties will agree to a settlement prior to trial. The aim of the settlement is to satisfy both parties' interests and end the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will end. The amount of money awarded is contingent upon the severity of the injury and the amount of medical treatment will be required in the future.

Children with brachial plexus injuries are faced with significant costs and often struggle to cover them. A lawsuit against Erb's Palsy can offer financial compensation to families who are likely to pay for the treatment of their children's illness. It also assists in recouping lost wages if the injury impacts a child's ability to work in the future. Finally, it can help alleviate the emotional and physical stress of living with a life-altering birth injury. A family attorney with experience in Erb's Palsy can help families get the damages they are entitled to.