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Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical bills and treatments. These funds can also help families cope with the emotional trauma that comes from this birth injury.

Your lawyer will review your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

It can be devastating for families when a child has Erb's Palsy. The condition can cause swelling, pain and disability that may affect a child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for their losses.

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

Erb's Palsy can be caused by many factors. Most often, doctors may use excessive force during labor and delivery. This can tear or stretch brachial nerves causing the condition. Fortunately, there are specific methods that doctors can use to prevent this from happening. You should contact an attorney immediately if your child was diagnosed with this birth defect. A successful lawsuit could assist in paying for medical expenses and other costs related to the injury. This can ease the financial burden and enhance your child's quality of life.

Expert witness reports

An expert medical will be required to evaluate your Erb's palsy case. They will offer their opinion on what caused the injury, and whether or not it was due to negligence by a doctor. The expert can also help you determine how serious your injuries are and how they could affect your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. It is more frequent in vaginal births but can happen during C-sections. The injury is usually caused by doctors who have to move the baby's shoulders in order to facilitate delivery. The process can cause stretching and tear to the armpit nerves and cause permanent damage.

In certain cases the injury can be treated with surgery, but it can still cause issues. Children who suffer from this condition might not be able to raise their hands or use their arms. This could impact their quality of life, particularly when they are unable perform everyday tasks. Certain people can benefit from muscle transfer surgery that involve the surgical placement of stronger muscles or tendons that support weaker ones.

Your lawyer will gather as any evidence as you can and send it to the attorneys of the defendants. The defendants then have 30 days to respond to your claim. After that, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding accountable parties liable. Our lawyers are equipped with the experience and resources needed to examine the injury of your child and determine if the negligence of a medical professional caused it.

One of the most frequent instances of medical malpractice causing Erb's Palsy is when a doctor pulls too hard on a baby's head neck or shoulders during labor and birth. It can be caused by the incorrect use of vacuum extractors. It could also be the result of a long labor, which causes stress to the baby's shoulders and head.

A few babies who suffer from Erb's paralysis will fully recover and be able to move their arms normal. However, some babies have permanent nerve damage and suffer from disability for the rest of their lives. The majority of cases of Erb's Palsy can be avoided and are the result of medical negligence during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all the medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions as well as additional medical documents. Expert opinions are also provided. Most Erb's palsy lawsuits end in settlement, however we're prepared to take your case to trial if needed.

Trial preparation

The final step of pursuing compensation for a child's plexus brachial injury is presenting arguments before a jury or judge. Your Erb's palsy lawyer is going to try to show that the healthcare professional failed to act reasonably in a specific scenario, and lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties will come to a deal prior to trial. This is designed to meet the needs of both sides and bring the lawsuit to a close. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of compensation depends on the severity and medical needs of the injury.

Families with children with brachial plexus injury often struggle to pay for the costs. The financial compensation offered by an Erb's palsy lawsuit could help families with the expenses they may incur for treating their children's illness. It can also pay for lost earnings, if the injury impacts a child's ability to work. It also helps to ease the physical and emotional stress of having an injury that has an immense impact on a child's life. An experienced attorney for Erb's Palsy can assist families to pursue the damages they are entitled to.