Erb's Palsy Litigation

A child who has erb's syndrome may be eligible for compensation to pay for treatment and future medical expenses. These funds can aid families to cope with the trauma of birth.

Your lawyer will examine your medical records and determine the value your case is worth. The lawsuit will be filed and defendants will have 30 days to respond.

Medical Records

When a child suffers from Erb's Palsy, it can be devastating for their families. The condition can cause swelling, pain and impairment that can hinder the ability of a child to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A knowledgeable Erb's-Palsy lawyer will help families get compensation for the losses they have suffered.

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

Erb's palsy can be caused by many factors. Most commonly, a doctor will use too much force during labor and delivery. This can cause strain or tear to brachial nerves, causing the condition. There are fortunately, specific methods that doctors can use to prevent this from occurring. It is recommended to speak with an attorney immediately if your child was diagnosed with this birth defect. A successful lawsuit could be able to pay for medical bills and other costs related to the injury. This will help your child's financial burden and enhance their quality of life.

Expert Witness Reports

A medical expert will be required to examine your Erb's palsy case and provide a verdict on the cause of the injury and whether it was due to a doctor's negligence. The expert will also help determine the severity of your injuries and how they could affect your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more prevalent in vaginal births, but can occur during c-sections. The injury is caused when doctors move the shoulders of a newborn to ease the delivery process. The process can strain and tear the armpit nerves causing permanent damage.

The injury is sometimes corrected by surgery, but it may cause complications. Children with this condition may not be able raise their hands or use their arms. This can negatively impact their quality of living and can hinder them from playing sports or carrying out everyday tasks. Certain people may benefit from muscle transfer surgeries that involve the surgical placement of stronger muscles or tendons that support the weaker ones.

If you file a claim, your lawyer will collect the most evidence possible and then submit it to defense attorneys of the defendants. The defendants have 30 days to respond. After that the court will decide when to schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding the responsible parties accountable. Our lawyers have the experience and resources to thoroughly examine your child's medical history and determine if the negligence of a medical professional led to a brachial plexus injury.

One of the most common instances of medical malpractice that causes Erb's palsy occurs when a doctor pulls 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 due to a long labor, which causes stress to the baby's head and shoulders.

A few babies with Erb's paralysis recover completely and are able to move their arm in a normal way. Some babies sustain permanent nerve damage, and may be disabled for the rest of their lives. Fortunately, the majority cases of Erb's palsy are preventable and a result of medical carelessness during labor and delivery.

Once the medical documents and other evidence are taken into consideration, our lawyers will begin a lawsuit against defendants, which is usually the doctor or hospital involved in the birth of your child. After the lawsuit is filed, the process of discovery will begin. This includes depositions, additional medical documents, and expert opinions. Most Erb's palsy lawsuits end in settlement, but we're ready to take your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus suffered by children is to argue before a jury or judge. Your Erb's palsy lawyer will try to prove that the healthcare professional failed to behave in a reasonable manner under a particular situation, while the attorneys representing the defendant will attempt to convince the judge or Erb's Palsy Lawsuit jury that the healthcare professional acted in a reasonable manner.

In most instances, the parties reach an agreement before the trial. The intention 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 will depend on the severity and medical requirements of the injury.

Parents of children suffering from brachial plexus injuries are faced with significant expenses and often have to pay for them. A lawsuit for Erb's Palsy could provide financial compensation to families who are likely to pay for medical expenses related to their children's condition. It also assists in recouping lost earnings if the injury affects the child's ability to work in the future. Additionally, it can help cover the physical and emotional stress of living with a life-altering birth injury. A family attorney with experience in the field of Erb's Palsy will assist families in obtaining the compensation they are entitled to.