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Erb's Palsy Litigation

A child suffering from erb's palsy could be eligible for compensation to cover medical treatment and future expenses. These funds can also help families deal with the emotional trauma that comes from this birth injury.

Your lawyer will review your medical records and determine the value 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 families when a child has Erb's Palsy. The condition can cause pain and swelling that can make it difficult for a child to do basic tasks like playing sports or putting on their shirt. An experienced Erb's Palsy lawyer will help families get compensation for the losses they have suffered.

The first step to filing an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will give their opinion on whether the Erb's Palsy in your child was the result of a medical error or natural cause.

A variety of factors can trigger Erb's palsy due to a variety of causes. The most common cause is when a doctor exerts too much force during labor and birth. This can stretch or tear the brachial nerves, which can cause the condition. There are strategies that doctors can employ to avoid this. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful lawsuit could be able to pay for medical bills and other costs related to the injury. This will help ease the financial burden of your child and enhance the quality of their life.

Expert Witness Reports

An expert medical is required to evaluate your Erb's palsy case. They will offer their opinion about what caused the injury, and whether or not it was caused by negligence by a doctor. The expert will also help determine the severity of your injuries and how they will affect your future life.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This occurs more often when vaginal births are occurring, but can also happen during c-sections. The injury is typically caused by doctors who have to move the baby's shoulders to facilitate the delivery. The process can strain and tear the nerves in the armpit causing permanent damage.

In some instances, the injury can be repaired with surgery, but it can still cause problems. Children with this condition may not be able raise their hands or use their arms. This could affect their quality of life, especially when they are unable to play sports or do everyday tasks. Certain people might benefit from muscle transfers, where surgeons implant stronger tendons or muscles to help weaker ones.

Your lawyer will gather as the evidence you can, and send it to the attorneys of the defendants. The defendants have 30 days to respond. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can claim compensation for the harm they suffered as children by filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding those responsible accountable. Our lawyers have the necessary resources and expertise to investigate the injuries of your child and determine whether a medical professional's negligent actions caused the injury.

One of the most common instances of medical malpractice that causes 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 improper use of vacuum extractors or forceps or a prolonged labor that causes stress on a baby's head and shoulders or shoulder dystocia.

A few babies who suffer from Erb's paralysis recover completely and will be able to move their arms again. However, some babies suffer permanent nerve damage and be handicapped for the rest of their lives. Most cases of Erb’s palsy can be avoided and result from medical malpractice during labor and birth.

Once the medical records and other evidence is collected, our attorneys will begin a lawsuit against 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 additional medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, but we are prepared to take your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for a child's brachial nerve injury is presenting arguments to a judge or jury. Your Erb's ailment lawyer will try to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a judge or jury that they acted reasonable.

In the majority of cases, the parties reach an agreement before the trial. The intention is to satisfy both parties' interests and also to close the case. The plaintiffs will receive an amount of money in one lump and the lawsuit will close. The amount of compensation depends on the severity and future medical requirements of the injury.

Parents of children suffering from brachial plexus injuries face significant costs and often struggle to pay for them. A lawsuit against Erb's Palsy can offer financial compensation for families who might have to incur expenses in treating their children's ailments. It also helps cover lost wages if the injury impacts the child's ability to work in the future. It can also help cover the emotional and physical stress of living with an injury that has a profound impact on a child's life. An experienced family lawyer who has experience in Erb's Palsy can assist families to receive the compensation they deserve.