Erb's Palsy Litigation

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

Your lawyer will review 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 devastating for families when a child has the condition Erb's - Palsy. The condition can cause pain, swelling and disability that may affect a child's ability to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families get compensation for their losses.

The first step in submitting the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinion on if Erb's ailment in your child was due to an undiagnosed medical issue or natural cause.

Erb's Palsy can be caused by several factors. Most often, doctors is prone to using too much force when performing labor and delivery. This can tear or stretch the brachial plexus nerves, which can cause the condition. There are techniques that doctors can employ to avoid this. You should contact an attorney right away if you suspect that 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 can help alleviate financial burdens and improve your child's quality of life.

Expert Witness Reports

A medical expert will be required to review your Erb’s palsy case. They will offer their opinion about what caused the injury and whether it was due to negligence by a doctor. The expert can also help determine the severity of your injuries and how they will impact your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more prevalent in vaginal births, but can occur during C-sections. This injury occurs when doctors move the baby's shoulders to facilitate delivery. The process can strain and tear the armpit's nerves causing permanent damage.

The injury can sometimes be repaired by surgery, but it could cause complications. Children with this type of injury may not be able to use their arms or raise their hands. This could impact their quality of life, especially when they are unable to engage in sports or perform daily tasks. Some people may benefit from muscle transfers, where surgeons implant stronger tendons or muscles to help weaker ones.

Your lawyer will collect as many evidence as you can and send it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the experience and resources needed to investigate your child's injuries and determine whether the negligence of a medical professional caused the injury.

Erb's palsy may be caused by a doctor Erb's Palsy lawsuit who pulls too hard on the baby's neck, head, or shoulders during delivery. This can be caused by the improper use or vacuum extractors. It can also be due to a prolonged labor that puts stress on the baby's shoulders and head.

A few babies with Erb's paralysis recover completely and are able to move their arms normally. Some babies sustain permanent nerve damage and will be disabled for the rest their lives. Fortunately, the majority cases of Erb's palsy are preventable and result of medical inattention during labor and birth.

Our attorneys will file a suit 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. 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, but we are prepared to take your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for a child's plexus brachial injury is to present arguments before a jury or judge. Your Erb's palsy lawyer will attempt to show that the healthcare professional failed to act reasonably in a specific set of circumstances, while the defendant's attorneys will try to convince the judge or jury that the healthcare professional was acting reasonably.

Typically, the parties will come to a deal prior to trial. This is done to satisfy the desires of both sides and bring the litigation to an end. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of compensation will depend on the severity and medical needs of the injury.

Families with children with brachial plexus injuries frequently struggle to cover the costs. The financial compensation offered by an Erb's Palsy lawsuit may aid families in paying for the costs they may incur for treating their children's illness. It may also cover lost earnings, if the injury impacts a child's ability to work. It also helps to ease the emotional and physical stress of being a victim of an injury that can have a profound impact on the life of a child. An experienced Erb's-Palsy attorney will assist families in pursuing the compensation they deserve.