Erb's Palsy Litigation

Children who suffer from Erb's Palsy could be compensated for future medical expenses and treatment. These funds can also help families cope with the emotional trauma that comes from this birth injury.

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

Medical Records

It can be a devastating experience for the family of a child who suffers from Erb's palsy. The condition can cause swelling, pain and disability that may affect a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer could help families recover compensation for their losses.

The first step in filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may even require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. They will give you their opinion on whether the Erb's Palsy in your child was caused by a medical error or natural cause.

Many factors can cause Erb's palsy. The most common cause is that a doctor will use too much force when they perform labor and delivery. This can cause strain or tears to the brachial plexus nerves, which can cause the condition. There are strategies that doctors can employ to prevent this. You should consult with an attorney right away if your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses as well as other costs associated with the injury. This can help ease the financial burden of your child and improve their quality of life.

Expert witness reports

A medical expert will be required to evaluate your case of Erb's palsy and provide an opinion on the cause of the injury and if 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 trauma to the brachial-plexus. This occurs more often during vaginal births, but can also happen during c-sections. The injury usually occurs when doctors need to move a baby's shoulders to facilitate delivery. The process may cause nerve damage or stretch in the armpit, causing permanent damage.

In certain instances the injury may be corrected with surgery, but it can still cause problems. Children who suffer from this condition might not be able their hands or use their arms. This can affect their well-being, especially if they are unable to play sports or do everyday tasks. Certain people may benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons that support weaker ones.

Your lawyer will gather as many evidence as you can and send it to the lawyers of the defendants. The defendants will 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 get compensation for the harm their children sustained by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers are equipped with the resources and experience to investigate your child's injuries and determine if the negligence of a medical professional caused it.

One of the most common instances of medical malpractice causing erb's palsy attorneys palsy is when a doctor puts too hard on a baby's head, neck or shoulders during labor and delivery. This could be due to the improper use or vacuum extractors. It could also be the result of a long labor that causes stress to the baby's shoulders and head.

A few babies who suffer from Erb's paralysis recover completely and will be able to move their arms in a normal way. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Most cases of Erb's paralysis can be prevented and are the result of medical malpractice during labor and delivery.

After the medical records and other evidence is collected, our attorneys will file a lawsuit against the defendants, which is typically the hospital or doctor who was involved in your child's birth. The discovery process begins after the lawsuit has been filed. This includes depositions, additional medical records, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we are prepared to take your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial-plexus injury is to present arguments before a jury or judge. Your Erb's palsy lawyer will attempt to prove that the healthcare professional did not perform their duties in a particular scenario, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional behaved reasonably.

In most cases, the parties come to an agreement prior to trial. The aim of the settlement is to satisfy both parties' needs and end the lawsuit. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation received is based on the severity the injury and the amount of medical treatment is needed in the future.

Children with brachial plexus injury face substantial costs and often struggle to cover the costs. A lawsuit involving Erb's palsy could provide financial compensation to families who are likely to pay for treatment costs for their children's ailments. It also helps cover lost earnings if the injury affects a child's ability to work in the future. Finally, it can help deal with the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced family lawyer who has expertise in Erb's palsy can help families receive the compensation they are entitled to.