Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can also help families cope with the emotional trauma of this birth injury.

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

Medical Records

If a child is affected by Erb's palsy, it could be devastating for the family. The condition can cause swelling and pain, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A knowledgeable Erb's-Palsy lawyer will help families get compensation for their losses.

The first step in submitting the medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's ailment was the result of an error by a doctor or due to natural causes.

Many factors can cause Erb's palsy. Most often, doctors is prone to using too much force when performing labor and delivery. This can tear or stretch brachial nerves causing the condition. There are fortunately, specific techniques that physicians can employ to stop this from occurring. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. The money you receive from a successful claim can help pay for the medical bills of your child as well as other costs associated with the injury. This will ease your child's financial burden and improve the quality of their life.

Expert witness reports

A medical professional is required to examine your case of Erb's palsy and give an opinion about the cause of the injury and if it was due to negligence by a doctor. The expert will also help you determine how serious your injuries are and how they might impact your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This is more prevalent during vaginal births but may also occur during c-sections. The injury is often caused when doctors have to move a baby's shoulders to facilitate delivery. The process can stretch or tear the nerves in the armpit, causing permanent damage.

In certain cases, the injury can be corrected through surgery, but it may still cause problems. Children with this type of injury may not be able use their arms or raise their hands. This could affect their quality of life, especially those who are unable participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers. These are when surgeons place stronger tendons or muscles to support weaker ones.

When you file a claim, your lawyer will collect as much evidence as they can and submit it to the defendants' attorneys. The defendants then have 30 days to respond to your claim. Following this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Erb's lawsuits for palsy help families to receive compensation for injuries suffered by their children. They also can prevent future medical errors by holding responsible parties liable. Our lawyers have the expertise and resources to thoroughly examine your child's case and determine if the negligence of a medical professional led to the brachial plexus injury.

One of the most frequent instances of medical malpractice causing erb's palsy attorney syndrome is when a doctor pulls too hard on a baby's head neck or shoulders during labor and birth. This could be due the incorrect use of vacuum extractors or forceps, a long labor that puts stress on the baby's head and shoulders, or shoulder dystocia.

Some babies with Erb's palsy recover completely and can move their arm normally again. Some babies sustain permanent nerve damage, and will be disabled for the rest of their lives. The majority of cases of Erb's palsy can be prevented and result from medical negligence during labor and delivery.

After the medical documents and other evidence are collected, our attorneys will begin a lawsuit against defendants, which is typically the hospital or doctor that was involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions, as well as other medical documents. Expert opinions are also included. The majority of Erb's Palsy lawsuits are settled, but we may take your case to trial if needed.

Trial preparation

The final step to pursue compensation for brachial-plexus injuries suffered by children is to present evidence before a judge or jury. Your Erb's lawyer will try to prove that the healthcare professional failed to act reasonably in a specific scenario, and the defendant's attorneys will try to convince the judge or jury that the healthcare professional behaved reasonably.

In the majority of instances, the parties reach an agreement before trial. This is designed to satisfy the needs of both parties and bring the litigation to an end. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of the compensation will depend on the severity of the injury and how much medical care is required in the future.

Families with children who have brachial plexus injuries frequently struggle to pay for the costs. The financial compensation offered by an Erb's palsy lawsuit can help families pay for the expenses they may incur to treat their children's condition. It also assists with the loss of wages if the injury impacts a child's ability to work in the future. It can also assist in easing the physical and emotional stress of having an injury that can have an enormous impact on the life of a child. A family attorney with expertise in Erb's palsy can help families get the damages they are entitled to.