Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. These funds can also help families cope with the emotional trauma of this birth injury.

Your lawyer will go through your medical records and determine how much your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be a major blow to families when a child suffers from Erb's palsy. The condition can cause swelling, pain and disability that may affect the child's ability to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can help families receive compensation for their losses.

The first step to file a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics, anesthesia and orthopedic surgery. These experts will provide their opinion on whether your child's Erb's Palsy Lawyers syndrome was the result of a doctor's error or due to natural causes.

Many factors can cause Erb's Palsy in a variety of ways. The most common cause is when a doctor applies excessive force during labor and delivery. This can stretch or tear the brachial nerves, leading to the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. You should contact an attorney right away if you suspect that your child was diagnosed with this birth defect. The benefits of a successful claim will help pay for the medical bills of your child and other expenses related to the injury. This will ease your child's financial burden and improve their life quality.

Expert witness reports

A medical professional is required to evaluate your Erb's palsy case. They will offer their opinion on what caused the injury, and whether or not it was due to negligence by a doctor. The expert will also help you determine the extent of your injuries and how they will affect your future life.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more prevalent in vaginal births, however it can also happen during c-sections. This injury happens when doctors move the baby's shoulders in order to facilitate delivery. The process can cause nerve damage or stretch in the armpit, which can cause permanent damage.

The injury may be repaired through surgery, but it can cause complications. Children with this type of injury may not be able use their arms or raise their hands. This can have a negative impact on their living quality and, in particular, if it stops them from playing sports or performing everyday tasks. Some people may benefit from muscle transfers. In these, surgeons insert stronger tendons and muscles to help weaker ones.

Your lawyer will gather as the evidence you can and send it to the attorneys of the defendants. The defendants have 30 days to respond. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the harm their children suffered by filing lawsuits for Erb's palsy. Additionally, they help keep medical errors from happening again by holding the parties responsible accountable. Our lawyers have the knowledge and resources to fully investigate your child's medical history and determine if the negligence of a medical professional led to a brachial plexus injury.

Erb's spalsy can be caused by a doctor pulling too hard on the baby's neck, head, or shoulders during the delivery. This could be due the incorrect use of forceps or vacuum extractors or a prolonged labor that creates stress on a baby's head and shoulders, or shoulder dystocia.

Some babies with Erb’s palsy will fully recover and be capable of moving their arms normal. However, some babies have permanent nerve damage and will suffer from disability for the duration of their lives. Thankfully, the majority of cases of Erb's palsy are preventable and Erb's Palsy lawyers result of medical inattention during labor Erb's palsy lawyers and birth.

Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all the medical documents and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions, additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, however 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 nerve injury is to present your case before a jury or judge. Your Erb's ailment 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 designed to satisfy the desires of both sides and bring the case to an end. The plaintiffs will receive an amount of money in one lump and the lawsuit will end. The amount of compensation depends on the severity and medical needs of the injury.

Families with children suffering from brachial plexus injury often struggle to pay for the costs. A lawsuit against Erb's Palsy could offer financial relief to families who are likely to pay for treatment costs for their children's condition. It may also cover lost wages, if the injury hinders a child's ability to work. Finally, it can help deal with the emotional and physical anxiety of living with an injury that can alter the course of life. A family attorney with experience with Erb's Syndrome can help families receive the compensation they are entitled to.