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Erb's Palsy Litigation

A child suffering from erb's paralysis could be eligible for compensation to cover treatment and future medical expenses. These funds may also help families deal with the emotional trauma of this birth injury.

Your lawyer will scrutinize your medical records to determine the value of your case. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical Records

If a child is suffering from Erb's palsy, it could be devastating for the family. The condition can cause swelling and pain that can make it difficult for children to do everyday tasks such as playing sports or putting on their shirt. A knowledgeable lawyer for Erb's palsy can assist families in obtaining compensation for the losses they have suffered.

The first step of filing the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics and anesthesia, as well as orthopedic surgery. They will give you their opinion on whether the Erb's Palsy in your child is due to an error in medical treatment or natural causes.

Erb's palsy can be caused by a variety of causes. Most often, doctors will use too much force when performing labor and delivery. This can cause strain or tear to brachial nerves and trigger the condition. There are a variety of techniques doctors can employ to prevent this. You should contact an attorney right away if your child was diagnosed with this birth defect. Compensation from a successful claim will help pay for the medical bills of your child as well as other expenses related to the injury. This could reduce the financial burden of your child and enhance their life quality.

Expert Witness Reports

A medical professional is needed to review your Erb's palsy case and give a final opinion on the cause of the injury and whether it was caused by negligence of a physician. The expert will also help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common in vaginal births, but can occur during C-sections. This type of injury occurs when doctors move the shoulders of a newborn to ease the delivery process. The process may cause nerve damage or stretch in the armpit, causing long-term damage.

In certain cases the injury can be repaired with surgery, but it may still cause problems. Children who suffer from this condition might not be able to lift their hands or use their arms. This could negatively impact their quality of life particularly if it hinders them from participating in sports or carrying out everyday tasks. Some people may benefit from muscle transfers. In these, surgeons insert stronger tendons and muscles to support weaker ones.

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

Documentation

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

One of the most frequent instances of medical malpractice that causes Erb's syndrome is when a doctor pulls too hard on a baby's head neck or shoulders during labor and birth. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that puts stress on the baby's shoulders and head or shoulder dystocia.

Some children with Erb's Palsy recover completely and are able to move their arms again. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Fortunately, the majority cases of Erb's paralysis can be prevented and are the result of medical inattention during labor and birth.

After the medical records and other evidence are collected, our attorneys will bring a lawsuit against the defendants, typically the hospital or doctor involved in your child's birth. Once the lawsuit has been filed, the discovery process will begin. This includes depositions and other medical documents. Expert opinions are also included. Most Erb's palsy lawsuits end with a settlement, but we're ready to take your case to trial if needed.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries in children is to present arguments before a judge or jury. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyer representing the defendant will attempt to convince a judge or jury that they acted reasonable.

In the majority of cases, the parties come to an agreement before trial. This is done to satisfy the needs of both parties and bring the lawsuit to an end. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of money awarded depends on the severity of the injury and the amount of medical care will be needed in the future.

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to cover them. A lawsuit involving Erb's palsy could offer financial relief to families who are likely to incur expenses in treating their children's ailments. It also helps cover lost earnings if the injury affects the child's ability to work in the future. It also helps to ease the physical and emotional stress of dealing with an injury that can have an immense impact on the life of a child. An experienced attorney from Erb's palsy can help families pursue the damages they are entitled to.