Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can assist families in dealing with this birth injury.

Your lawyer will go through 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 a family when a child has the condition Erb's - Palsy. The condition can cause swelling, pain and disability that may affect the ability of a child to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step of filing an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review the documents and may have to consult experts in obstetrics and anesthesia, as well as orthopedic surgery. These experts will provide their opinion on whether your child's Erb's palsy was caused by the error of a doctor or due to natural causes.

There are many factors that can trigger Erb's Palsy in a variety of ways. The most common is when a doctor applies too much force during labor and delivery. This can stretch or tear brachial nerves causing the condition. There are a variety of techniques doctors can use to avoid this. It is important to contact an attorney right away if you suspect that your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills for your child as well as other costs related to the injury. This can ease your child's financial burden and enhance their quality of life.

Expert Witness Reports

An expert medical will be required to evaluate your Erb's palsy case. They will provide their opinion on the cause of the injury, and whether or not it was due to negligence by a physician. The expert will also help you 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 during vaginal births but may also occur during c-sections. This type of injury occurs when doctors move the shoulders of a newborn in order to facilitate delivery. The process can stretch and tear the armpit's nerves causing permanent damage.

The injury is sometimes repaired through surgery, but it can cause complications. Children with this type of injury may not be able use their arms or raise their hands. This can negatively impact their quality of life particularly if it hinders them from playing activities or doing everyday tasks. Some people can benefit from muscle transfer surgery that involve the surgical placement of stronger muscles or tendons that support the weaker ones.

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

Documentation

Families can receive compensation for the injuries their children sustained by filing Erb's Palsy lawsuits. They can also stop further medical errors by holding accountable parties liable. Our lawyers are equipped with 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 frequent instances of medical malpractice causing Erb's palsy occurs when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and birth. This could be due to the incorrect use of forceps or vacuum extractors and a long labor that puts stress on the baby's shoulders and head, or shoulder dystocia.

Some babies with Erb's palsy recover completely and can move their arm in a normal way. But, others suffer permanent nerve damage and be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and result of medical mistakes during labor and delivery.

Once the medical records and other evidence are taken into consideration, our lawyers will bring a lawsuit against the defendants, which is typically the doctor or hospital involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This includes depositions, as well as other medical records. Expert opinions are also incorporated. Most Erb's palsy lawsuits end with a 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 plexus brachial injury is to present your case to a judge or jury. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider failed to act reasonable in a certain set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they were able to act in a reasonable manner.

In the majority of cases, the parties reach an agreement before trial. This is done to satisfy the needs of both parties and bring the lawsuit to a close. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of the compensation is contingent on the severity and medical needs of the injury.

Children who suffer from brachial plexus injuries frequently struggle to cover the costs. A lawsuit against Erb's Palsy could offer financial relief to families who may have to pay for the treatment of their children's condition. It can also pay for lost wages if the injury impacts a child's ability to work. It also helps to ease the physical and emotional strain of being a victim of an injury that has an impact that is profound on a child's life. An experienced family lawyer who has experience with erb's palsy lawsuit Syndrome can help families get the damages they are entitled to.