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Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical expenses and treatment. These funds can also assist families deal with the emotional trauma caused by this birth injury.

Your lawyer will go through 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

When a child suffers from Erb's palsy, it can be devastating for their family. The condition can cause pain and swelling that can make it difficult for a child to do everyday tasks such as playing sports or putting on their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can help families receive compensation for their losses.

The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may even require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will give their opinion on whether the child's Erb's palsy was caused by a doctor's error or due to natural causes.

Erb's Palsy may be caused by a variety of factors. The most common reason is when a physician uses excessive force during labor and birth. This can cause strain or tears to the brachial nerves, which can cause the condition. There are fortunately, specific methods that doctors can employ to stop this from happening. You should contact an attorney right away if your child was diagnosed with this birth defect. A successful lawsuit could be able to pay for medical bills and other expenses relating to the injury. This can help reduce the financial burden and improve your child's overall quality of life.

Expert Witness Reports

A medical professional will be required to look over your case of Erb's palsy and give a final opinion on the cause of the injury and whether it was caused by a doctor's negligence. The expert can also help you determine the severity of your injuries and how they could affect your future.

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

The injury can sometimes be repaired through surgery, but it could cause complications. Children who suffer from this condition might not be able to raise their hands or use their arms. This could negatively impact their quality of life and, in particular, if it stops them from playing activities or doing everyday tasks. Some people may benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.

When you file a claim your lawyer will collect as much evidence as is possible and then submit it to defendants' attorneys. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can receive compensation for the injuries their children sustained by filing lawsuits for Erb's palsy. In addition, they can keep medical errors from happening again by holding the parties responsible accountable. Our lawyers have the experience and resources to thoroughly examine your child's situation and determine if a medical professional's negligence led to a brachial plexus injury.

One of the most frequent instances of medical malpractice that causes erb's palsy attorneys palsy occurs when a doctor puts too hard on a baby's head neck or shoulders during labor and birth. This could be due to the improper use of forceps or vacuum extractors, a long labor that causes stress on a baby's head and shoulders or shoulder dystocia.

A few babies who suffer from Erb's paralysis recover completely and will be capable of moving their arms normally again. Some babies suffer permanent nerve damage and will be disabled for the rest of their lives. Fortunately, the majority cases of Erb's syndrome 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, which is typically the hospital or doctor involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions, additional medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, but we're prepared to take your case all the way through trial if needed.

Trial preparation

The final step of pursuing compensation for a child's brachial plexus injury is presenting arguments to a judge or jury. Your Erb's palsy lawyer will try to show that the healthcare professional did not behave in a reasonable manner under a particular scenario, and the defendant's attorneys will try to convince the jury or judge that the healthcare professional behaved reasonably.

Typically, the parties will settle the case prior to trial. This is designed to meet the needs of both parties and bring the lawsuit to a close. The plaintiffs will receive an amount of money in one lump and the lawsuit will end. The amount of compensation is based on the severity the injury and the amount of medical care will be needed in the future.

Children with brachial plexus injuries are faced with significant expenses and often have to cover these costs. Financial compensation from an Erb's Palsy lawsuit may aid families in paying for the costs they could incur in order to treat their children's condition. It also helps cover lost wages if the injury hinders a child's ability to work in the future. Additionally, it can help deal with the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can help families pursue the compensation they deserve.