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 review your medical records to determine the worth of your case. The lawsuit will be filed, and the defendants have 30 days to respond.

Medical Records

It can be devastating for families when a child is diagnosed with Erb's Palsy. The condition can cause pain, swelling and impairment that can hinder a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for their losses.

The first step to filing a claim for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will scrutinize these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child is due to an undiagnosed medical issue or natural cause.

Erb's Palsy can be caused by several factors. The most common cause is that a doctor is prone to using excessive force during labor and delivery. This can tear or stretch the brachial plexus nerves, which can cause the condition. There are strategies that doctors can use to avoid this. If your child has been diagnosed with this birth injury, you should get in touch with a lawyer immediately to bring a lawsuit. A successful claim could be able to pay for medical bills and other costs related to the injury. This can reduce the financial burden and improve 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 an opinion on what caused the injury and if it was caused by the negligence of a doctor. The expert can also help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy can be caused by birth trauma to the brachial-plexus. It is more frequent in vaginal births but can happen during c-sections. The injury is usually caused when doctors need to move the baby's shoulders in order to facilitate the delivery. The process can cause stretching and tear to the nerves in the armpit creating permanent damage.

The injury can sometimes be corrected by surgery, but it could cause complications. Children who suffer from this condition might not be able to lift their hands or use their arms. This could have a negative impact on their living quality, especially if it prevents them from participating in activities or doing everyday tasks. Certain people can benefit from muscle transfer surgery in which surgeons place stronger muscles or tendons in order to support the weaker ones.

Your lawyer will collect as the evidence you can and forward it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.

Documentation

Families can receive compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding responsible 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 his or her brachial plexus injury.

One of the most frequent instances of medical malpractice that causes erb's palsy law firm palsy is when a doctor pulls too hard on a baby's head neck or shoulders during labor and delivery. This may be due to the improper use of vacuum extractors or forceps, a long labor that results in stress on a baby's shoulders and head or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and will be able to move their arms normally again. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Thankfully, the majority of cases of Erb's syndrome are preventable and result of medical carelessness during labor and delivery.

Our attorneys will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all the medical records and evidence. After the lawsuit is filed, the process of discovery will begin. This could include depositions, other medical records, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we are prepared to pursue your case to trial if needed.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries in children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to prove that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.

Typically, the parties settle the case prior to trial. The goal of the settlement is to satisfy both parties' needs and end the lawsuit. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation received depends on the severity of the injury and the amount of medical care will be needed in the future.

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to cover the costs. Financial compensation from an Erb's palsy lawsuit can help families pay for the expenses they could incur in order to treat their children's condition. It may also cover lost wages, if the injury can affect a child's future capacity to work. It can also help deal with the emotional and physical stress of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can help families pursue the damages they deserve.