Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover treatment and future medical expenses. These funds can help families cope emotionally with the trauma of birth.

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

Medical Records

It can be devastating for a family when a child suffers from Erb's palsy. The condition can cause pain, swelling and impairment that can hinder a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. An experienced 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 collect evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may have to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's palsy was the result of the error of a doctor or due to natural causes.

Erb's Palsy is caused by a variety of causes. The most common cause is that a doctor will use too much force when performing labor and delivery. This can cause stretching or tears to brachial nerves and cause the condition. There are techniques 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 case could assist in paying for medical expenses and other expenses relating to the injury. This can help ease the financial burden of your child and improve the quality of their life.

Expert witness reports

A medical professional is required to examine the case of Erb's Palsy and provide an opinion on what caused the injury and if it was caused by negligence by a doctor. The expert will also be able to help you determine how serious your injuries are and how they will affect your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more frequent during vaginal births but may also 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 nerves in the armpit which can cause permanent damage.

In certain instances, the injury can be corrected with surgery, but it can still cause problems. Children who suffer from this condition might not be able to raise their hands or use their arms. This could negatively impact their living quality and can hinder them from playing sports or carrying out everyday tasks. Some people are able to benefit from a procedure called muscle transfer that involve the surgical placement of stronger muscles or tendons to help support the weaker ones.

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

Documentation

Families can receive compensation for the injuries their children sustained by filing Erb's Palsy lawsuits. Additionally, they help keep medical errors from happening again by holding the accountable parties accountable. Our lawyers are equipped with the resources and experience to investigate your child's injury and determine if the negligence of a medical professional caused it.

One of the most common instances of medical malpractice that causes Erb's syndrome is when a doctor puts 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 can also be caused by a long labor that causes stress to the baby's head and shoulders.

A few babies who suffer from Erb's paralysis recover completely and will be able to move their arms in a normal way. However, other babies have permanent nerve damage and be disabled for the rest of their lives. Fortunately, the majority cases of Erb's Palsy are preventable and result of medical carelessness during labor and delivery.

After the medical documents and other evidence are taken, our attorneys will begin a lawsuit against defendants, typically the hospital or doctor that was involved in your child's birth. Once the lawsuit has been 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're ready to take your case all the way through trial if necessary.

Trial preparation

The final step to pursue compensation for a child's plexus brachial injury is presenting arguments to a judge or jury. Your Erb's lawyer will try to show 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 behaved reasonably.

Typically, the parties come to a deal prior to trial. This is done to meet the needs of both parties and bring the case to a close. The plaintiffs will receive the money in a lump sum and the lawsuit will close. The amount of compensation will depend on the severity and future medical requirements of the injury.

Children who suffer from brachial-plexus injuries are often unable to pay for the expenses. A lawsuit involving Erb's palsy can provide financial compensation to families that may need to pay for treatment costs for their children's illness. It also assists in recouping lost wages if the injury impacts the child's ability to work in the future. It can also help cover the emotional and physical stress of living with an injury that has an impact that is profound on a child's life. An experienced Erb's palsy attorney can assist families in pursuing the damages they deserve.