Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical bills and treatments. These funds can help families cope emotionally with the trauma of birth.

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 devastating experience for the family of a child who is diagnosed with Erb's Palsy. The condition can cause swelling, pain and disability that could affect the child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer can help families receive compensation for the losses they have suffered.

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

A variety of factors can trigger Erb's paralysis in various ways. The most common reason is when a doctor applies too much force during labor and birth. This can cause stretching or tears to the brachial nerves, leading to the condition. There are methods that doctors can use to avoid this. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to file a lawsuit. Compensation from a successful claim can help pay for the medical bills of your child as well as other expenses associated with the injury. This could help your child's financial burden and improve their quality of life.

Expert Witness Reports

A medical professional is needed to analyze your Erb's palsy case. They will give their opinion on the reason for the injury, and whether or not it was caused by negligence by a doctor. The expert will also be able to help you determine how serious your injuries are and how they might affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more frequent in vaginal births, but can occur during c-sections. This injury happens when doctors move the baby's shoulders in order to facilitate delivery. The process may pull or tear the nerves in the armpit, which can cause permanent damage.

In certain instances, the injury can be corrected through surgery, but it may still cause issues. Children suffering from this condition may not be able use their arms or raise their hands. This can have a negative impact on their daily living, especially if it prevents them from participating in sports or carrying out everyday tasks. Certain people might benefit from muscle transfers, Erb's Palsy lawsuit where surgeons insert stronger tendons and muscles to support weaker ones.

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

Documentation

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

Erb's palsy may be caused due to a doctor pulling too hard on the baby's neck, head, arms or shoulders during delivery. It can be caused by the improper use or vacuum extractors. It could also be caused by a long labor causing stress on the baby's shoulders and head.

A few babies who suffer from Erb's paralysis can fully recover and be able to move their arms normally again. However, some babies suffer permanent nerve damage and suffer from disability for the duration of their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and result of medical carelessness during labor and delivery.

Once the medical records and other evidence are obtained, our lawyers will file a lawsuit against the defendants, typically the hospital or doctor who was involved in your child's birth. After the lawsuit is filed, the process of discovery will begin. This includes depositions, additional medical documents, and expert opinions. Most Erb's palsy lawsuits end with a settlement, Erb's Palsy lawsuit but we're ready to take your case to trial if needed.

Trial preparation

The final stage of seeking compensation for a child's brachial nerve injury is presenting arguments to a judge or jury. Your Erb's Palsy lawyer will try to establish that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The lawyers 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 designed to satisfy the needs of both sides and bring the lawsuit to an end. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of the compensation depends on the severity of the injury and the amount of medical treatment will be required in the future.

Families with children suffering from brachial plexus injuries frequently struggle to pay for the costs. Financial compensation from an Erb's palsy lawsuit can aid families in paying for the costs they could incur in order to treat their children's condition. It also helps cover lost wages if the injury hinders the ability of a child to work in the future. In addition, it helps deal with the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's palsy attorney can help families pursue the damages they deserve.