Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical expenses and treatment. These funds can aid families to cope with the trauma of birth.

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

Medical records

It can be devastating to a family when a child suffers from Erb's palsy. 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. An experienced Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

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

Several factors can lead to Erb's palsy. Most commonly, a doctor is prone to using excessive force during labor and delivery. This can cause strain or tears to the brachial plexus nerves which can cause the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, consult a lawyer right away to bring a lawsuit. A successful claim can assist in paying for medical expenses and other expenses related to the injury. This will help ease the financial burden of your child and improve their quality of life.

Expert witness reports

A medical expert will be required to look over your Erb's palsy case and give a final opinion on what caused the injury and if it was due to negligence by a doctor. The expert will also help you determine the severity of your injuries and how they will affect your future life.

Erb's Palsy can be caused by birth injuries to the brachial plexus. It is more prevalent in vaginal births, but can occur during C-sections. The injury usually occurs by doctors who have to move the baby's shoulders in order to facilitate delivery. The procedure can tear and stretch the armpit's nerves creating permanent damage.

The injury is sometimes corrected by surgery, but it could cause complications. Children suffering from this condition may not be able raise their hands or use their arms. This can impact their quality of life, especially when they are unable participate in sports or carry out everyday tasks. Some people can benefit from muscle transfer surgeries where surgeons insert 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 have 30 days to respond. The court will then schedule your Erb's Palsy trial.

Documentation

Families can claim compensation for the injuries their children suffered by filing a lawsuit for Erb's Psy. In addition, they can stop future medical errors from occurring by holding the parties responsible accountable. Our lawyers have the necessary resources and expertise to examine the injury of your child and determine whether the negligence of a medical professional caused it.

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

Some babies with Erb’s palsy will recover completely and be able to move their arms again. However, some babies have permanent nerve damage and will suffer from a disability for the duration of their lives. Fortunately, the majority cases of Erb's Palsy can be prevented and are the result of medical inattention during labor and birth.

Our attorneys will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, as well as other medical records. Expert opinions are also incorporated. The majority of erb's palsy law Firms Palsy lawsuits are settled, but we may bring your case to trial if needed.

Trial preparation

The final step to pursue compensation for brachial-plexus injuries in children is to argue before a jury or judge. Your Erb's palsy lawyer is going to try to establish that the healthcare professional failed to act reasonably in a specific scenario, and the defendant's attorneys will try to convince the jury or judge that the healthcare professional acted reasonably.

In the majority of cases, the parties reach an agreement before trial. This is designed to satisfy the needs of both sides and bring the lawsuit to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will end. The amount of money awarded is contingent upon the severity of the injury and how much medical treatment will be required in the future.

Parents of children who suffer from 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 may have to incur expenses in treating their children's ailments. It also helps to cover lost wages if an injury has a negative impact on a child's ability to work in the future. Finally, it can help deal with the emotional and physical stress of living with a life-altering birth injury. An experienced attorney from Erb's palsy will assist families in pursuing the compensation they deserve.