Erb's Palsy Litigation

A child suffering from erb's paralysis could be eligible for compensation to cover future medical costs and treatment. These funds can help families cope emotionally with this birth injury.

Your lawyer will scrutinize your medical records to determine the value of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

If a child is suffering from Erb's Palsy, it can be devastating for the family. The condition can cause pain and swelling that can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A lawsuit filed by a knowledgeable Erb's Palsy lawyer can help families recover compensation for their losses.

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

Erb's Palsy can be caused by several factors. Most often, doctors will use too much force when they perform labor and delivery. This can cause strain or tears to the brachial nerves, which can cause the condition. There are a variety of techniques doctors can use to avoid 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 for your child as well as other costs associated with the injury. This could help your child's financial burden and enhance the quality of their life.

Expert Witness Reports

A medical expert will be required to look over your case of Erb's palsy and give an opinion about what caused the injury and whether it was caused by a doctor's negligence. The expert will also assist you to 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. This is more frequent when vaginal births are occurring, but can also occur during c-sections. This injury occurs when doctors move the baby's shoulders to ease the delivery process. The process can stretch and tear the armpit's nerves and cause permanent damage.

In some instances, the injury can be corrected with surgery, but it can still cause issues. Children suffering from this condition may not be able to lift their hands or use their arms. This can affect their health, especially when they are unable perform everyday tasks. Some people are able to benefit from muscle transfer surgeries, in which surgeons implant stronger muscles or tendons that support the weaker ones.

If you file a claim your lawyer will collect as much evidence as they can and send it to defendants' attorneys. The defendants then have 30 days to respond to your claim. The court will then schedule your Erb’s Palsy trial.

Documentation

Families can claim compensation for the injuries their children sustained through filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers are equipped with the necessary resources and expertise to investigate your child's injuries and determine whether the negligence of a medical professional caused it.

One of the most common instances of medical malpractice causing Erb's palsy is when a doctor pulls too hard on a baby's head neck or shoulders during labor and birth. This could be due the improper use of vacuum extractors or forceps, a long labor that results in stress on a baby's head and shoulders, or shoulder dystocia.

Some babies suffering from Erb's palsy will recover completely and be able to move their arms normal. Some babies sustain permanent nerve damage and will be disabled for the rest of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and result of medical negligence during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the hospital or doctor involved in the birth of your child) once they have collected all the medical documents and evidence. The discovery process begins once the lawsuit has been filed. This includes depositions, additional medical records, and expert opinions. Most Erb's palsy lawsuits end in settlement, however we're ready to take your case all the way through trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's plexus brachial injury is presenting arguments before a jury or judge. Your Erb's Palsy lawyer will try to establish that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The defendant's lawyers will try to convince a jury or judge that they acted in a reasonable manner.

In most cases, the parties come to an agreement prior to trial. The settlement is intended to satisfy both parties' needs and stop the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump sum of money. The amount of compensation will depend on the severity and future medical needs of the injury.

Children with brachial plexus injuries are faced with significant costs and often struggle to cover these costs. Financial compensation from an Erb's Palsy lawsuit may help families with the expenses they might incur in treating their children's condition. It may also cover lost wages if the condition impacts a child's ability to work. In addition, it helps cover the physical and emotional anxiety of living with a life-altering birth injury. An experienced Erb's-Palsy attorney will assist families in pursuing the damages they are entitled to.