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Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical bills and treatments. These funds can assist families in dealing 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 will 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 that can make it difficult for a child to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step in submitting an action for medical malpractice is to collect evidence of negligence. This includes medical documents and witness statements. Your lawyer will go through these documents and may even require consultation with experts in obstetrics, anesthesia, and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child was due to an undiagnosed medical issue or natural cause.

Erb's Palsy can be caused by a variety of causes. The most common cause is that a doctor is prone to using excessive 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. You should contact an attorney right away if your child was diagnosed with this birth defect. The benefits of a successful claim can help pay for the medical bills for your child as well as other expenses associated with the injury. This can help ease the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical expert will be required to review your Erb’s palsy case. They will offer their opinion on the cause of the injury and whether it was due to negligence by a doctor. The expert can also help determine how serious your injuries are and how they could impact your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more prevalent when vaginal births are occurring, but can also happen during c-sections. This type of injury occurs when doctors move the shoulders of a newborn to ease the delivery process. The process can cause stretching and tear to the nerves in the armpit which can cause permanent damage.

The injury can sometimes be repaired with surgery, but it can cause complications. Children with this condition may not be able to raise their hands or use their arms. This could affect their health, especially when they are unable to participate in sports or carry out everyday tasks. Certain people can benefit from muscle transfer surgeries where surgeons insert stronger muscles or tendons to support the weaker ones.

When you file a claim your lawyer will gather as much evidence as possible and present it to defendants' attorneys. The defendants then have 30 days to respond to your claim. After this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers have the experience and resources needed to investigate your child's injuries and determine if the negligence of a medical professional caused the injury.

Erb's palsy may be caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during delivery. This can be caused by the incorrect use of vacuum extractors. It could also be due to a prolonged labor that puts stress on the baby's head and shoulders.

Some babies with Erb's palsy recover completely and can move their arms again. However, some babies suffer permanent nerve damage and suffer from disability for the duration of their lives. Thankfully, the majority of cases of Erb's Palsy are preventable and 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, which is typically the hospital or doctor who was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions as well as additional medical documents. Expert opinions are also provided. Most Erb's palsy lawsuits end in settlement, but we're prepared to take your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for brachial-plexus injuries suffered by children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare provider failed to be reasonable in a particular set of circumstances. The defendant's lawyers will attempt to convince a judge or jury that they acted in a reasonable manner.

In most cases, the parties come to an agreement before trial. The intention is to satisfy both parties' interests and end the lawsuit. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation received will depend on the severity of the injury and how much medical treatment will be required in the future.

Parents of children with brachial plexus injury face substantial costs and often struggle to pay for them. A lawsuit for Erb's psy could provide financial compensation to families that may need to pay for medical expenses related to their children's ailments. It also helps to cover lost wages if the injury hinders the child's ability to work in the future. Finally, it can help alleviate the emotional and physical stress of living with a life-altering birth injury. An experienced family lawyer who has experience in Erb's Palsy can help families receive the compensation they deserve.