Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover future medical costs and treatment. The funds could also help families cope with the emotional trauma of this birth injury.

Your lawyer will look over your medical records and determine how much your case is worth. The lawsuit will be filed, and the defendants will have 30 days to respond.

Medical records

It can be a major blow to families when a child is diagnosed with Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for children to complete basic tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for their losses.

The first step in filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need to consult experts in obstetrics or anesthesia, and orthopedic surgery. Experts will give their opinions on whether or not your child's Erb's paralysis was caused by an error made by a doctor, or due to natural causes.

Erb's Palsy may be caused by many factors. The most common cause is that a doctor uses too much force when they perform labor and delivery. This can cause stretching or tears to brachial nerves and cause the condition. There are strategies that doctors can employ to prevent this. You should contact an attorney as soon as your child was diagnosed with this birth defect. A successful case could assist in paying for medical expenses as well as other costs associated with the injury. This will help your child's financial burden and improve their quality of life.

Expert Witness Reports

An expert medical is required to review your Erb’s palsy case. They will give their opinion about what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also help you determine the severity of your injuries and how they will affect your future life.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This occurs more often in vaginal births, however it can also happen during c-sections. This injury happens when doctors move the baby's shoulders to ease delivery. The procedure can tear and stretch the armpit nerves causing permanent damage.

The injury may be repaired with surgery, but can still cause complications. Children with this condition may not be able raise their hands or use their arms. This can impact their quality of life, particularly those who are unable participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers, where surgeons place stronger tendons or muscles to help weaker ones.

If you file a claim, your lawyer will gather as much evidence as possible and submit it to the defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.

Documentation

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

One of the most common instances of medical malpractice causing Erb's palsy occurs when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and delivery. This can be caused by the improper use or vacuum extractors. It could also be caused by a long labor causing stress on the baby's shoulders and head.

A few babies who suffer from erb's palsy law firms paralysis will fully recover and be able to move their arms normally again. Some babies suffer permanent nerve damage and will be disabled for the rest their lives. The majority of cases of Erb's Palsy can be avoided and result from medical negligence during labor and birth.

After the medical records and other evidence are taken into consideration, our lawyers will file a lawsuit against the defendants, which are typically the hospital or doctor who was involved in your child's birth. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions, as well as other medical records. Expert opinions are also incorporated. Most Erb's palsy lawsuits end with a settlement, but 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 presenting arguments before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider failed to be reasonable in a particular set of circumstances. The lawyer representing the defendant will attempt to convince a judge or jury that they acted reasonably.

Typically, the parties will agree to a settlement prior to trial. This is done to satisfy the interests of both sides and bring the lawsuit to a close. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of money awarded will depend on the severity of the injury and the amount of medical care will be needed in the future.

Families with children who have brachial plexus injuries frequently struggle to pay for the expenses. A lawsuit against Erb's Palsy could provide financial compensation to families who may have to pay for treatment costs for their children's ailments. It also assists in recouping lost earnings if the injury affects a child's ability to work in the future. It also helps to ease the emotional and physical stress of having an injury that has an enormous impact on a child's life. An experienced attorney for Erb's Palsy can assist families to pursue the damages they are entitled to.