Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover treatment and future medical expenses. These funds can help families cope emotionally with this birth injury.

Your lawyer will scrutinize your medical records to determine the value of your case. The lawsuit is filed and defendants will have 30 days to respond.

Medical Records

It can be a devastating experience for families if a child has Erb's Palsy. The condition can cause pain and swelling, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step to file a claim for medical negligence is to collect evidence of negligence. This includes medical documents as well as witness statements. Your attorney will look over these documents and may need to consult with experts in obstetrics and anesthesia as well as orthopedic surgery. They will give you their opinion on whether the Erb's Palsy in your child was caused by a medical error or natural causes.

Erb's palsy can be caused by a variety of causes. Most often, a doctor will use too much force during labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. There are fortunately, specific methods that doctors can employ to prevent this from occurring. You should consult with an attorney immediately if your child was diagnosed with this birth defect. A successful claim can help pay for medical bills and other expenses related to the injury. This can ease the financial burden and enhance your child's quality of life.

Expert Witness Reports

An expert medical is required to examine your erb's palsy lawyers palsy case. They will give their opinion on the cause of the injury, and whether or not it was caused by negligence by a physician. The expert can also help you determine how serious your injuries are and how they may affect your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. It is more prevalent in vaginal births but can happen during C-sections. This type of injury occurs when doctors move the baby's shoulders in order to facilitate delivery. The process can cause stretching and tear to the nerves of the armpit creating permanent damage.

The injury is sometimes repaired with surgery, but it can cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. This can impact their health, especially when they are unable to engage in sports or perform daily tasks. Some people may benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to support weaker ones.

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

Documentation

Erb's palsy lawsuits can help families to receive compensation for injuries sustained by their children. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injury and determine if the negligence of a medical professional caused it.

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

Some babies suffering from Erb's palsy will fully recover and be capable of moving their arms normal. However, some babies have permanent nerve damage and will be disabled for the remainder of their lives. The majority of cases of Erb's palsy can be avoided and result from medical negligence during labor and delivery.

After the medical documents and other evidence are obtained, our lawyers will begin a lawsuit against defendants, which is usually the hospital or doctor involved in your child's birth. The discovery process begins after the lawsuit has been filed. This includes depositions, additional medical records, and expert opinions. The majority of cases filed against Erb's & Palsy are resolved, but we will 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 failed to be reasonable in a particular set of circumstances. The attorneys representing the defendant will attempt to convince a jury or judge that they were able to act in a reasonable manner.

Typically, the parties will agree to a settlement prior to trial. The aim of the settlement is to satisfy both parties' needs and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of compensation depends on the severity and medical requirements of the injury.

Families with children with brachial plexus injuries often struggle to cover the costs. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they may incur to treat their children's illness. It can also cover lost wages if the injury affects a child's future ability to work. Additionally, it can help cover the physical and emotional stress of living with an injury that can alter the course of life. An experienced family lawyer who has experience in the field of Erb's Palsy will help families get the damages they are entitled to.