Erb's Palsy Litigation

A child suffering from erb's paralysis may receive compensation to cover medical treatment and future expenses. These funds can also assist families cope with the emotional trauma caused by this birth injury.

Your lawyer will look over your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

When a child suffers from Erb's palsy, it could be devastating for their family. The condition can cause swelling and pain that can make it difficult for children to complete basic tasks such as playing sports or putting on their shirt. A knowledgeable Erb's Palsy lawyer will help families get compensation for the losses they have suffered.

The first step to file a claim for medical negligence is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may need consult with experts in obstetrics and anesthesia, and orthopedic surgery. These experts will provide their opinion on whether your child's Erb's paralysis was caused by a doctor's error or due to natural causes.

Erb's Palsy may be caused by a variety of causes. Most often, doctors is prone to using too much force during labor and delivery. This can tear or stretch brachial nerves and cause the condition. There are fortunately, specific techniques that physicians can employ to stop this from happening. You should contact an attorney as soon as your child was diagnosed with this birth defect. A successful claim could aid in the payment of medical bills and other costs related to the injury. This could reduce the financial burden of your child and enhance the quality of their life.

Expert witness reports

A medical expert will be needed to review the case of Erb's Palsy and give an opinion about the cause of the injury and whether it was caused by negligence of a physician. The expert will also assist you to determine the severity of your injuries and how they might affect your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. It is more frequent in vaginal births, but it can also occur during c-sections. The injury is typically caused when doctors need to move the baby's shoulders in order to facilitate delivery. The process can stretch and tear the nerves of the armpit creating permanent damage.

The injury is sometimes corrected by surgery, but can still cause complications. Children with this condition might not be able to use their arms or raise their hands. This can be detrimental to their quality of living, especially if it prevents them from participating in sports or doing the everyday chores. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to support weaker ones.

If you file a claim your lawyer will collect as much evidence as is possible and submit it to the attorneys for the defendants. The defendants will then have 30 days to respond to your claim. The court will then schedule your Erb's Palsy trial.

Documentation

Families can receive compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. In addition, they can keep medical errors from happening again by holding the responsible parties accountable. Our lawyers have the expertise and resources to fully investigate your child's medical history and determine if negligence by a medical professional contributed to his or her brachial plexus injury.

Erb's palsy may be caused by a physician pulling too hard on the baby's neck, head, or shoulders during the delivery. It can be caused by the incorrect use of vacuum extractors. It could also be due to a long labor causing stress on the baby's shoulders and head.

Some babies with Erb’s palsy will fully recover and be capable of moving their arms normally again. Some babies are permanently affected by nerve damage, and may be disabled for the rest their lives. Fortunately, the majority of cases of Erb's syndrome are preventable and a result of medical negligence during labor and delivery.

After the medical records and other evidence have been collected, our attorneys will begin a lawsuit against defendants, which are typically the hospital or doctor involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions, additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we are prepared to take your case to trial if necessary.

Trial preparation

The final stage of seeking compensation for a child's brachial plexus injury is presenting evidence to a judge or jury. Your Erb's lawyer will try to prove 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 judge or jury that the healthcare professional behaved reasonably.

Typically, the parties will settle the case prior to trial. This is designed to satisfy the desires of both parties and bring the litigation to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation will depend on the severity and medical requirements of the injury.

Parents of children suffering from brachial plexus injury face substantial costs and often struggle to cover them. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they may incur to treat their children's condition. It could also help cover the loss of wages if the injury affects a child's future ability to work. It can also help alleviate the emotional and physical stress of living with an injury that has a profound impact on the child's life. An experienced Erb's palsy attorney can assist families to pursue the compensation they deserve.