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Erb's Palsy Litigation

Children who suffer from Erb's Palsy could be compensated for future medical bills and treatments. These funds can help families cope with this birth injury.

Your lawyer will go through your medical records to determine the value of your case. The lawsuit is filed and defendants have 30 days to respond.

Medical Records

If a child is affected by Erb's palsy, it can be devastating for the family. The condition can cause pain and swelling that can make it difficult for a child to do basic tasks like playing sports or buttoning their shirt. A knowledgeable lawyer for Erb's palsy will help families get compensation for the losses they have suffered.

The first step to file a claim for medical negligence is to collect evidence of negligence. This includes medical documents as well as witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, as well as orthopedic surgery. These experts will give their opinion on whether the child's Erb's syndrome was the result of an error made by a doctor, or due to natural causes.

There are many factors that can trigger Erb's palsy. Most often, a doctor uses excessive force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves, leading to the condition. There are fortunately, specific methods that doctors can employ to stop this from happening. It is recommended to speak with an attorney right away if you suspect that your child was diagnosed with this birth defect. The benefits of a successful claim will pay for the medical bills of your child as well as other expenses related to the injury. This can help ease the financial burden of your child and enhance their life quality.

Expert Witness Reports

A medical professional is required to examine your Erb's palsy case. They will provide their opinion about what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also assist you to determine the severity of your injuries and how they will affect your life in the future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This occurs more often when vaginal births are occurring, but can also occur during c-sections. The injury is typically caused when doctors need to move the baby's shoulders in order to facilitate the delivery. The process can stretch and tear the nerves in the armpit creating permanent damage.

In certain instances the injury can be repaired with surgery, but it could still cause problems. Children with this condition may not be able their hands or use their arms. This can impact their well-being, especially when they are unable engage in sports or Erb's palsy lawsuit perform daily tasks. Some people are able to benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons to help support weaker ones.

When you file a claim your lawyer will collect as much evidence as they can and present it to defendants' attorneys. 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 also help prevent future medical errors by holding accountable parties liable. Our lawyers have the knowledge and resources to fully examine your child's case and determine if a medical professional's negligence led to the brachial plexus injury.

One of the most frequent instances of medical malpractice causing Erb's palsy occurs 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 forceps or vacuum extractors and a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.

A few babies who suffer from Erb's paralysis can fully recover and be able to move their arms normally again. However, some babies have permanent nerve damage and will be disabled for the duration of their lives. The majority of cases of Erb's palsy can be prevented and result from medical malpractice during labor and delivery.

Once the medical records and other evidence have been collected, our attorneys will start a lawsuit against defendants, which is usually the hospital or doctor that was involved in your child's birth. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions as well as additional medical documents. Expert opinions are also incorporated. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for a child's brachial nerve injury is presenting arguments before a jury or judge. Your Erb's palsy lawyer will try to establish that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyer representing the defendant will attempt to convince a jury or judge that they were able to act in a reasonable manner.

Typically, the parties agree to a settlement prior to trial. The intention is to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive an amount of money in one lump and the lawsuit will end. The amount of money awarded will depend on the severity and future medical needs of the injury.

Parents of children who suffer from brachial plexus injury face substantial costs and often struggle to cover them. Financial compensation from an Erb's palsy lawsuit can aid families in paying for the costs they may incur for treating their children's condition. It also helps cover lost wages if the injury impacts the ability of a child to work in the future. It also helps to ease the physical and emotional burden of dealing with an injury that can have a profound impact on the life of a child. A family lawyer with experience with Erb's Syndrome can assist families to receive the compensation they are entitled to.