Erb's Palsy Litigation

Children who suffer from Erb's Palsy could be compensated for future medical expenses and treatment. These funds can help families cope with the birth injury.

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

Medical records

If a child is suffering from Erb's Palsy, it can be devastating for their families. The condition can cause pain, swelling and impairment that can hinder the ability of a child to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical documents as well as witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will offer their opinion on whether your child's Erb's syndrome was the result of an error made by a doctor, or due to natural causes.

Erb's Palsy can be caused by several factors. Most often, doctors may use too much force when performing labor and delivery. This can tear or stretch the brachial plexus nerves, which can cause the condition. There are methods that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, you must contact a lawyer immediately to bring a lawsuit. A successful claim could aid in the payment of medical bills and other costs related to the injury. This can help ease the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical expert will be needed to review your case of Erb's palsy and provide a verdict on the cause of the injury and if it was due to negligence by a doctor. The expert will also be able to help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. This is more frequent in vaginal births, however it may also occur during c-sections. The injury is typically caused when doctors have to move a baby's shoulders around to facilitate delivery. The process can strain and tear the nerves of the armpit causing permanent damage.

In some instances injuries can be treated with surgery, but it could still cause problems. Children with this condition may not be able to lift their hands or use their arms. This could impact their quality of life, particularly if they are unable to perform everyday tasks. Some people may benefit from muscle transfers. In these, surgeons insert stronger tendons and muscles to support weaker ones.

Your lawyer will gather as much evidence as you can, and send it to the lawyers of the defendants. 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

Erb's palsy lawsuits assist families receive compensation for injuries to their children. In addition, they can keep medical errors from happening again by holding the parties responsible accountable. Our lawyers have the resources and experience to investigate the injuries of your child and determine whether a medical professional's negligent actions caused the injury.

Erb's spalsy can be caused due to a doctor 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 and a long labor that results in stress on a baby's head and shoulders or shoulder dystocia.

A few babies who suffer from Erb's paralysis can fully recover and be able to move 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 syndrome are preventable and the result of medical mistakes during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all the medical documents and evidence. After the lawsuit is filed, the process of discovery will begin. This will include depositions as well as additional medical records, and expert opinions. Most Erb's palsy lawsuits end in settlement, but we are prepared to pursue your case all the way through trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus suffered by children is to make arguments before a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional did not perform their duties in a particular set of circumstances, while the defendant's attorneys will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.

In most cases, the parties come to an agreement prior to trial. The goal of the settlement is to satisfy both parties' interests and stop the lawsuit. The plaintiffs will receive a lump sum of money and the lawsuit will close. The amount of compensation will depend on the severity and medical needs of the injury.

Children with brachial-plexus injuries have to face huge expenses and often have to cover these costs. A lawsuit involving Erb's palsy can offer financial compensation to families who are likely to pay for the treatment of their children's illness. It can also pay for lost wages if the injury impacts a child's ability to work. It can also help alleviate the physical and emotional strain of having an injury that has an impact that is profound on the life of a child. An experienced Erb's palsy attorney can assist families to pursue the compensation they deserve.