Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical bills and treatments. These funds can help families cope with this birth injury.

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

Medical records

It can be devastating for families when a child has the condition Erb's - Palsy. The condition can cause swelling and pain, which can make it difficult for a child to do everyday tasks such as playing sports or buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer can help families recover compensation for their losses.

The first step in filing a claim for medical negligence is to collect evidence of negligence. This includes medical documents and witness statements. The attorney will review the documents and may need to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. They will give you their opinion on whether the Erb's Palsy in your child was caused by an undiagnosed medical issue or natural cause.

Several factors can lead to Erb's paralysis in various ways. The most common is when a doctor uses too much force during labor and birth. This can tear or stretch brachial nerves and cause the condition. There are fortunately, specific methods that doctors can employ to stop this from occurring. If your child has been diagnosed with this birth injury, consult a lawyer right away to start a lawsuit. Compensation from a successful claim will pay for the medical bills of your child as well as other costs associated with the injury. This can help alleviate financial burdens and enhance your child's quality of life.

Expert witness reports

An expert medical will be required to examine your Erb's palsy case. They will provide their opinion on the cause of the injury and whether it was caused by negligence by a physician. The expert can also help you determine how serious your injuries are and how they could affect your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common in vaginal births, but can occur during c-sections. The injury is usually caused when doctors have to move the baby's shoulders in order to facilitate delivery. The process can stretch and tear the armpit's nerves which can cause permanent damage.

In some instances the injury can be corrected through surgery, but it can still cause issues. Children with this type of injury may not be able to use their arms or raise their hands. This could affect their quality of living, especially if it prevents them from playing sports or performing everyday tasks. Certain people might benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to help weaker ones.

When you file a claim, your lawyer will collect as much evidence as is possible and submit it to the lawyers of the defendants. The defendants have 30 days to respond. After that the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties accountable. Our lawyers have the necessary resources and expertise to investigate your child's injury and determine whether the negligence of a medical professional caused it.

One of the most frequent instances of medical malpractice causing Erb's palsy is when a doctor puts too hard on a baby's head, neck, arms, or shoulders during labor and delivery. This may be due to the incorrect use of vacuum extractors or forceps as well as a long labor which causes stress on a baby's shoulders and head, or shoulder dystocia.

Some children with Erb's Palsy will recover completely and be capable of moving their arms again. However, some babies have permanent nerve damage and will be handicapped for the rest of their lives. Fortunately, the majority of cases of Erb's Palsy are preventable and the result of medical negligence during labor and delivery.

Once the medical records and other evidence are collected, our attorneys will start a lawsuit against defendants, which is typically the hospital or doctor who was involved in your child's birth. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, further medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlement, however we are prepared to pursue your case to trial if needed.

Trial preparation

The final step of pursuing compensation for a child's plexus brachial injury is presenting evidence to a judge or jury. Your Erb's lawyer will try to prove that the healthcare professional failed to act in a reasonable way under a specific situation, while the defendant's attorneys will try to convince the judge or jury that the healthcare professional behaved reasonably.

In most cases, the parties come to an agreement before trial. The intention is to satisfy both parties' interests and to end the lawsuit. 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 requirements of the injury.

Parents of children suffering from brachial plexus injury face substantial costs and often struggle to cover them. Financial compensation from an Erb's psy suit can help families with the expenses they could incur in order to treat their children's illness. It also assists in recouping lost earnings if the injury affects a child's ability to work in the future. It can also help cover 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 expertise in Erb's palsy can assist families to receive the compensation they deserve.