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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 help families cope with this birth injury.

Your lawyer will go through your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be a devastating experience for the family of a child who has Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for a child to do basic tasks like playing sports or buttoning their shirt. An experienced Erb's Palsy lawyer can assist families to receive compensation for their losses.

The first step of filing the medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review these documents and may need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. They will give you their opinions on whether Erb's palsy in your child was due to an error in medical treatment or natural causes.

Erb's palsy can be caused by several factors. Most commonly, a doctor uses too much force when performing labor and delivery. This can cause stretching or tears to brachial nerves, causing the condition. There are methods that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, you should contact a lawyer immediately to make a claim. The compensation you receive from a successful lawsuit can help pay for the medical bills of your child as well as other expenses associated with the injury. This could reduce the financial burden of your child and enhance their quality of life.

Expert Witness Reports

A medical expert will be required to look over your Erb's palsy case and give an opinion about what caused the injury and if it was due to negligence of a physician. The expert will also help determine the severity of your injuries and how they could affect your life in the future.

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

In some instances the injury can be repaired with surgery, but it may still cause problems. Children suffering from this condition may not be able to lift their hands or use their arms. This could impact their health, especially when they are unable engage in sports or perform daily tasks. Certain people may benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons to help support the weaker ones.

Your lawyer will collect as much evidence as you can and send it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. Following this the court will then schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm their children sustained by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding the responsible parties accountable. Our lawyers have the expertise and resources to thoroughly investigate your child's case and determine whether an error by a medical professional led to a brachial plexus injury.

Erb's Palsy is often caused by a physician pulling too hard on the baby's neck, head, or shoulders during the birth. This may be due to the incorrect use of vacuum extractors or forceps, a long labor that results in stress on a baby's shoulders and head, or shoulder dystocia.

Some children with Erb's Palsy recover completely and can move their arm in a normal way. Some babies are permanently affected by nerve damage, and may be disabled for the rest their lives. Thankfully, most cases of Erb's paralysis are preventable and the result of medical inattention during labor and birth.

Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all medical documents and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions, as well as other medical documents. Expert opinions are also included. Most Erb's palsy lawsuits end in settlement, but we are prepared to take your case all the way through trial if necessary.

Trial preparation

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

Typically, the parties will reach a settlement before trial. This is done to satisfy the needs of both sides and bring the litigation to an end. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of compensation will depend on the severity of the injury and how much medical care is required in the future.

Families with children suffering from brachial plexus injury often struggle to pay for the expenses. A lawsuit for Erb's Palsy can provide financial compensation to families who are likely to pay for the treatment of their children's ailments. It also assists with the loss of wages if an injury has a negative impact on a child's ability to work in the future. It can also help alleviate the emotional and physical stress of living with an injury that has an enormous impact on the child's life. A family lawyer with experience in Erb's Palsy can help families get the damages they are entitled to.