Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can also help families cope with the emotional trauma that comes from this 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 a major blow to a family when a child is diagnosed with Erb's Palsy. The condition can cause pain and swelling, which can make it difficult for a child to perform basic tasks like playing sports or buttoning their shirt. A knowledgeable Erb's-Palsy lawyer will help families get compensation for their losses.

The first step to file a claim for medical negligence is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will go through these documents and may even need to consult with experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will offer their opinion on whether the child's Erb's ailment was the result of the error of a doctor or due to natural causes.

Erb's Palsy may be caused by several factors. The most common reason is when a doctor applies excessive force during labor and delivery. This can cause stretching or tears to brachial nerves, causing the condition. There are techniques that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, you must get in touch with a lawyer immediately to start a lawsuit. Compensation from a successful claim will help pay for your child's medical bills and other expenses associated with the injury. This will help ease the financial burden of your child and enhance their quality of life.

Expert Witness Reports

A medical professional is needed to review your Erb's case and provide an opinion on the cause of the injury and whether it was caused by a doctor's negligence. The expert will also help determine the extent of your injuries and how they might affect your life in the future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more frequent when vaginal births are occurring, but can also occur during csections. The injury usually occurs when doctors must move a baby's shoulders around to facilitate the delivery. The process can strain and tear the armpit's nerves causing permanent damage.

In certain instances, the injury can be repaired with surgery, but it may still cause issues. Children who suffer from this condition may not be able use their arms or raise their hands. This can be detrimental to their daily living and, in particular, if it stops them from participating in sports or performing everyday tasks. Some people may benefit from muscle transfers, where surgeons place stronger tendons or muscles to support weaker ones.

If you file a claim, your lawyer will collect as much evidence as is possible and send it to defense attorneys of the defendants. The defendants have 30 days to respond. After this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Erb's lawsuits for palsy help families obtain compensation for injuries suffered by their children. Additionally, they help stop future medical errors from occurring by holding the responsible parties accountable. Our lawyers have the experience and resources needed to examine the injury of your child and determine if a medical professional's negligent actions caused the injury.

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 delivery. This could be due to the incorrect use of vacuum extractors. It can also be caused by a prolonged labor that puts stress on the baby's shoulders and head.

A few babies who suffer from Erb's paralysis can fully recover and be capable of moving their arms normal. However, other babies have permanent nerve damage and suffer from a disability for Erb's Palsy attorney the rest of their lives. The majority of cases of Erb's palsy can be avoided and are the result of medical malpractice during labor and delivery.

After the medical records and other evidence is taken into consideration, our lawyers will file a lawsuit against the defendants, typically the doctor or hospital involved in your child's birth. The discovery process begins after the lawsuit has been filed. This includes depositions and other medical records. Expert opinions are also incorporated. The majority of Erb's Palsy lawsuits are settled, but we will consider bringing your case to trial if necessary.

Trial preparation

The final stage of seeking compensation for a child's plexus brachial injury is presenting evidence to a judge or jury. Your Erb's Palsy lawyer will try to establish that the healthcare provider did not be reasonable in a particular set of circumstances. The attorneys representing the defendant will try to convince a judge or jury that they acted in a reasonable manner.

Typically, the parties will agree to a settlement prior to trial. This is done to meet the needs of both sides and bring the case to a close. The plaintiffs will receive a lump sum of money and the lawsuit will end. The amount of the compensation is contingent on the severity and future medical requirements of the injury.

Parents of children with brachial plexus injuries are faced with significant expenses and often have to cover them. A lawsuit involving Erb's palsy could offer financial relief to families who may have to pay for treatment costs for their children's illness. It can also pay for lost earnings, if the injury impacts a child's ability to work. In addition, it helps alleviate the emotional and Erb's Palsy attorney physical anxiety of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can assist families in pursuing the compensation they deserve.