Erb's Palsy Litigation

Children who suffer from Erb's Palsy could be compensated for future medical expenses and treatment. These funds can also assist families deal with the emotional trauma caused by this birth injury.

Your lawyer will examine your medical documents and determine what your case is worth. The lawsuit is filed and defendants will have 30 days to respond.

Medical records

It can be a major blow to families if a child suffers from Erb's palsy. The condition can cause swelling, pain and disability that could affect the ability of a child to use their hand for basic functions like playing sports or even buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families in obtaining compensation for the losses they have suffered.

The first step to file a claim for medical negligence is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review the documents and may have to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will give their opinions on whether Erb's palsy in your child was due to a medical error or natural causes.

Erb's Palsy may be caused by a variety of factors. Most commonly, a doctor may use too much force when performing labor and delivery. This can tear or stretch the brachial plexus nerves leading to the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. It is recommended to speak with an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim will pay for the medical bills of your child as well as other costs associated with the injury. This can alleviate financial burdens and improve your child's quality of life.

Expert Witness Reports

A medical expert will be required to examine your Erb's palsy case. They will give their opinion on the cause of the injury, and whether or not it was caused by negligence by a doctor. The expert can also help determine the severity of your injuries and how they will affect your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. It is more prevalent in vaginal births but can happen during c-sections. The injury is often caused when doctors must move a baby's shoulders around to facilitate the delivery. The process can cause stretching and tear to the nerves of the armpit and cause permanent damage.

In some cases, the injury can be corrected through surgery, but it can still cause problems. Children with this condition might not be able use their arms or raise their hands. This could have a negative impact on their living quality and, in particular, if it stops them from playing sports or carrying out everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons and muscles to support weaker ones.

Your lawyer will gather as any 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 that, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's palsy lawsuits assist families get compensation for injuries suffered by their children. They can also stop further medical errors by holding responsible parties liable. Our lawyers have the experience and resources to fully investigate your child's medical history and determine if negligence by a medical professional contributed to the brachial plexus injury.

One of the most frequent instances of medical malpractice causing Erb's palsy is when a doctor puts too hard on a baby's head neck or shoulders during labor and birth. This may be due to the improper use of forceps or vacuum extractors and a long labor that creates stress on a baby's head and shoulders, or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and can move their arms again. Some babies develop permanent nerve damage, and will be disabled for the rest their lives. Fortunately, the majority of cases of Erb's syndrome are preventable and result of medical negligence during labor and delivery.

Once the medical records and other evidence is taken, our attorneys will bring a lawsuit against the defendants, which is typically the hospital or doctor who was involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions, further medical documents, as well as expert opinions. The majority of cases filed against Erb's & Palsy are resolved, but we will go to trial if it is necessary.

Trial preparation

The final step to pursue compensation for a child's brachial-plexus injury is to present your case before a jury or judge. Your Erb's lawyer will try to show that the healthcare professional failed to perform their duties in a particular scenario, and the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional behaved reasonably.

In most instances, the parties reach an agreement before the trial. The goal of the settlement is to satisfy both parties' interests and also to close the case. The plaintiffs will receive the money in a lump sum and the lawsuit will come to an end. The amount of money awarded depends on the severity of the injury and how much medical care is required in the future.

Parents of children suffering from brachial plexus injuries face significant costs and often struggle to cover them. A lawsuit for Erb's psy could provide financial compensation to families that may need to incur expenses in treating their children's condition. It also assists in recouping lost wages if the injury hinders a child's ability to work in the future. It can also help alleviate the physical and emotional burden of being a victim of an injury that can have an enormous impact on a child's life. An experienced Erb's palsy attorney can help families pursue the compensation they deserve.