Erb's Palsy Litigation

A child with erb's palsy may be eligible for compensation to pay for treatment and future medical expenses. These funds can help families cope with this birth injury.

Your lawyer will examine your medical documents to determine the merits of your case. 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 can be devastating for the family. The condition can cause swelling and pain, which can make it difficult for a child to perform basic tasks like playing sports or buttoning their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for their losses.

The first step in filing an action 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, anesthesia and orthopedic surgery. Experts will offer their opinions on whether your child's Erb's ailment was the result of the error of a doctor or due to natural causes.

Erb's Palsy may be caused by several factors. The most common cause is that a doctor will use excessive force during labor and delivery. This can cause strain or tear to brachial nerves and trigger the condition. Fortunately, there are specific techniques that physicians can employ to prevent this from happening. If your child has been diagnosed with this birth injury, you should contact a lawyer immediately to file a lawsuit. A successful lawsuit could assist in paying for medical expenses and other expenses related to the injury. This can reduce the financial burden of your child and improve the quality of their life.

Expert Witness Reports

A medical expert will be required to examine your erb's palsy attorneys case and provide a verdict on what caused the injury and whether it was due to the negligence of a doctor. The expert will also help you determine the severity of your injuries and how they might affect your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more prevalent in vaginal births, however it can also occur during csections. The injury is often caused by doctors who have to move the baby's shoulders to facilitate the delivery. The process can stretch and tear the nerves in the armpit causing permanent damage.

The injury is sometimes corrected by surgery, but can still cause complications. Children with this type of injury may not be able use their arms or raise their hands. This could negatively impact their quality of life and, in particular, if it stops them from playing sports or carrying out everyday tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to support weaker ones.

Your lawyer will gather as much evidence as you can and forward it to the lawyers of the defendants. The defendants have 30 days to respond. After that, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm their children suffered by filing Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding the parties responsible accountable. Our lawyers are equipped with the experience and resources needed to investigate the injuries of your child and determine whether the negligence of a medical professional caused the injury.

Erb's Palsy can be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during the delivery. This could be due to the incorrect use of vacuum extractors. It could also be the result of a long labor causing stress on the baby's shoulders and head.

Some babies suffering from Erb's palsy recover completely and are able to move their arms again. However, some babies suffer permanent nerve damage and be disabled for the duration of their lives. Most cases of Erb's paralysis can be avoided and are the result of medical negligence during labor and delivery.

Our attorneys will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all the medical documents and evidence. The discovery process begins after the lawsuit has been filed. This could include depositions, other medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlement, but we're prepared to take your case all the way through trial if necessary.

Trial preparation

The final step to pursue compensation for a child's brachial plexus injury is to present arguments before a jury or judge. Your Erb's Palsy lawyer will try to establish that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a judge or jury that they were able to act in a reasonable manner.

Typically, the parties agree to a settlement prior to trial. The intention is to satisfy both parties' needs and also to close the case. The plaintiffs will receive a lump sum of money and the lawsuit will come to an end. The amount of the compensation depends on the severity of the injury and the amount of medical treatment is needed in the future.

Parents of children who suffer from brachial plexus injury face substantial expenses and often have to cover them. The financial compensation offered by an Erb's palsy lawsuit could assist families with the costs they could incur in order to treat their children's condition. It also helps cover lost wages if an injury has a negative impact on the child's ability to work in the future. Finally, it can help alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can assist families in pursuing the compensation they deserve.