Erb's Palsy Litigation

A child with erb's palsy could be eligible for compensation to cover future medical costs and treatment. These funds may also help families deal with the emotional trauma of 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 the 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 pain and swelling, which can make it difficult for children to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable lawyer for Erb's palsy can assist families in obtaining compensation for their losses.

The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical documents as well as 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 your child's erb's palsy law firms paralysis was caused by a doctor's error or due to natural causes.

Several factors can lead to Erb's palsy due to a variety of causes. The most common cause is that a doctor will use too much force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves which can cause the condition. There are fortunately, specific methods that doctors can employ to prevent this from happening. If your child has been diagnosed with this birth injury, you should get in touch with a lawyer immediately to file a lawsuit. The money you receive from a successful claim will pay for the medical bills of your child and other expenses related to the injury. This will help your child's financial burden and enhance their quality of life.

Expert witness reports

A medical expert will be needed to review your case of Erb's palsy and give an opinion about what caused the injury and if it was caused by negligence of a physician. The expert will also help determine the extent of your injuries and how they will affect your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common in vaginal births, but can occur during c-sections. The injury is often caused when doctors have to move the baby's shoulders to facilitate delivery. The process can stretch and tear the armpit nerves which can cause permanent damage.

The injury is sometimes corrected by surgery, but it can cause complications. Children with this condition might not be able to use their arms or raise their hands. This can affect their living quality particularly if it hinders them from playing sports or performing everyday tasks. Certain people may benefit from a procedure called muscle transfer, in which surgeons implant stronger muscles or Erb's palsy lawsuits tendons to support the weaker ones.

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

Documentation

Families can get compensation for the harm their children sustained by filing Erb's Palsy lawsuits. They also help prevent future medical errors by holding responsible parties accountable. Our lawyers are equipped with the knowledge and resources to investigate your child's injuries and determine whether the negligence of a medical professional caused the injury.

One of the most frequent instances of medical malpractice causing Erb's palsy occurs when a doctor puts too hard on a baby's head, neck or shoulders during labor and birth. It can be caused by the improper use or vacuum extractors. It could be caused by prolonged labor that puts stress on the baby's shoulders and head.

Some children with Erb's Palsy can fully recover and be able to move their arms normal. However, other babies have permanent nerve damage and Erb's Palsy Lawsuits will be disabled for the duration of their lives. The majority of cases of Erb's Palsy can be avoided and are the result of medical malpractice during labor and birth.

Our attorneys will file a suit against the defendants (usually the hospital or doctor involved in the birth of your child) after they have gathered all medical records and evidence. The discovery process starts after the lawsuit has been filed. This includes depositions, further medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial nerve injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer will try to show that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.

Typically, the parties settle the case prior to trial. The intention is to satisfy both parties' needs 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 the compensation is contingent upon the severity of the injury and the amount of medical treatment will be required in the future.

Families with children who have brachial-plexus injuries are often unable to pay for the costs. A lawsuit for Erb's Palsy could provide financial compensation to families who may have to incur expenses in treating their children's illness. It can also pay for lost wages, if the injury can affect a child's future capacity to work. It can also help alleviate the physical and emotional burden of having an injury that can have an impact that is profound on the life of a child. An experienced Erb's-Palsy attorney can help families pursue the damages they deserve.