Erb's Palsy Litigation

A child who has erb's syndrome may receive compensation to cover future medical costs and treatment. These funds can help families cope with the birth injury.

Your lawyer will examine your medical records and determine how much your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

It can be devastating to families when a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and impairment that can hinder the ability of a child to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's-Palsy lawyer can help families receive compensation for their losses.

The first step in submitting an action for medical malpractice is to collect evidence of negligence. This includes medical records and witness statements. The attorney will review the documents and may need consult with experts in obstetrics and anesthesia as well as orthopedic surgery. They will give you their opinion on if Erb's ailment in your child is due to an error in medical treatment or natural cause.

Erb's palsy can be caused by many factors. The most common cause is that a doctor will use too much force during labor and delivery. This can tear or stretch brachial nerves and trigger the condition. Fortunately, there are specific techniques that physicians can use to prevent 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 money you receive from a successful claim can be used to pay your child's medical bills and other costs associated with the injury. This can help ease the financial burden and enhance your child's quality of life.

Expert witness reports

A medical expert will be required to look over the case of Erb's Palsy and provide a verdict on what caused the injury and if it was due to the negligence of a doctor. The expert will also assist you to determine the severity of your injuries and how they might impact your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. It is more prevalent in vaginal births, but it can also occur during c-sections. The injury is typically caused when doctors have to move the baby's shoulders in order to facilitate the delivery. The process may pull or tear the nerves in the armpit, causing permanent damage.

In some cases the injury may be treated with surgery, but it can still cause problems. Children suffering from this condition may not be able 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, where surgeons insert stronger tendons or muscles to support weaker ones.

If you file a claim, your lawyer will gather the most evidence possible and present it to lawyers of the defendants. 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 seek compensation for the harm their children suffered by filing Erb's Palsy lawsuits. They can also stop further medical errors by holding accountable parties accountable. Our lawyers have the knowledge and resources to fully investigate your child's case and determine whether an error by a medical professional led to a brachial plexus injury.

One of the most common instances of medical malpractice causing Erb's syndrome is when a doctor puts too hard on a baby's head neck, arms, or shoulders during labor and delivery. This could be due to the improper use or vacuum extractors. It can be caused by prolonged labor that puts stress on the baby's head and shoulders.

Some babies with Erb’s palsy will recover completely and be capable of moving their arms again. Some babies sustain permanent nerve damage, and will be disabled for the rest of their lives. Fortunately, the majority cases of Erb's Palsy are preventable and the result of medical mistakes during labor and delivery.

Once the medical documents and other evidence are taken into consideration, our lawyers will file a lawsuit against the defendants, typically the hospital or doctor involved in your child's birth. The discovery process begins after the lawsuit has been filed. This includes depositions and other medical documents. Expert opinions are also provided. The majority of Erb's palsy lawsuits result in settlements, but we are prepared to take your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial plexus injury is to present your case to a judge or jury. Your Erb's lawyer will try to show that the healthcare professional failed to act reasonably in a specific set of circumstances, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional was acting reasonably.

In the majority of cases, the parties come to an agreement prior to trial. The aim of the settlement is to satisfy both parties' needs and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent on the severity and future medical needs of the injury.

Children with brachial plexus injuries are faced with significant costs and often struggle to pay for them. The financial compensation offered by an Erb's Palsy lawsuit may help families with the expenses they may incur for treating their children's illness. It also helps cover lost wages if the injury impacts a child's ability to work in the future. It can also assist in easing the physical and emotional stress of dealing with an injury that has an immense impact on the life of a child. An experienced family lawyer who has experience with Erb's Syndrome can help families get the damages they deserve.