Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover future medical costs and treatment. These funds can also assist families deal with the emotional stress of this birth injury.

Your lawyer will go through your medical documents to determine the merits of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be devastating to the family of a child who has Erb's Palsy. The condition can cause pain, swelling and disability that may affect a child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can assist families get compensation for their losses.

The first step to filing a claim for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will give their opinion on whether the child's erb's palsy attorney paralysis 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 frequent cause is when a physician uses excessive force during labor and birth. This can cause strain or tear to brachial nerves causing the condition. Fortunately, there are specific techniques that physicians can use to prevent this from happening. If your child has been diagnosed with this birth injury, get in touch with a lawyer immediately to start a lawsuit. The compensation you receive from a successful lawsuit can help pay for the medical bills of your child as well as other expenses related to the injury. This can help reduce the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical professional is required to evaluate the case of Erb's Palsy and give a final opinion on the cause of the injury, and if it was due to negligence by a doctor. The expert will also help determine the severity of your injuries and how they might affect your life in the future.

Erb's Palsy can be caused by birth trauma 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 shoulders of a newborn to ease the delivery process. The process can stretch and tear the armpit's nerves creating permanent damage.

The injury can sometimes be repaired through surgery, but it may cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. This can negatively impact their quality of living and can hinder them from playing activities or doing everyday tasks. Some people can benefit from a procedure called muscle transfer, in which surgeons implant stronger muscles or tendons to help support the weaker ones.

If you file a claim your lawyer will collect as much evidence as they can and present it to defendants' attorneys. The defendants will then have 30 days to respond to your claim. After that the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding those responsible accountable. Our lawyers are equipped with the resources and experience to investigate your child's injuries and determine whether the negligence of a medical professional caused it.

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

Some babies with Erb's palsy recover completely and can move their arm normally again. However, some babies suffer permanent nerve damage and will be disabled for the rest of their lives. Thankfully, most cases of Erb's palsy are preventable and the result of medical mistakes during labor and delivery.

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

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to argue before a jury or judge. Your Erb's lawyer will try to prove that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, and the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional was acting reasonably.

Typically, the parties agree to a settlement prior to trial. This is designed to satisfy the desires of both sides and bring the litigation to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of compensation will depend on the severity and future medical requirements of the injury.

Families with children who have brachial plexus injuries often struggle to pay for the expenses. A lawsuit for Erb's Palsy can offer financial compensation for families who might have to pay for the treatment of their children's condition. It could also help cover the loss of earnings, if the injury hinders a child's ability to work. It can also help alleviate the physical and emotional stress of having an injury that can have a profound impact on the child's life. An experienced family lawyer who has experience with Erb's Syndrome can help families get the damages they are entitled to.