Erb's Palsy Litigation

A child suffering from erb's paralysis might be eligible to receive compensation for medical treatment and future expenses. These funds can also assist families cope with the emotional trauma of this birth injury.

Your lawyer will scrutinize your medical records to determine the worth of your case. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

It can be a devastating experience for families if a child suffers from Erb's palsy. The condition can cause swelling and pain that can make it difficult for children to do basic tasks like playing sports or putting on their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. Your attorney will look over the documents and may have to consult experts in obstetrics or anesthesia, as well as orthopedic surgery. These experts will provide their opinions on whether your child's Erb's paralysis was caused by a doctor's error or due to natural causes.

A variety of factors can trigger Erb's palsy due to a variety of causes. Most often, doctors will use excessive force during labor and delivery. This can stretch or tear the brachial nerves, which can cause the condition. There are strategies 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 bring a lawsuit. Compensation from a successful claim will pay for the medical bills for your child as well as other expenses associated with the injury. This could help ease the financial burden of your child and improve their quality of life.

Expert witness reports

A medical professional will be required to look over your Erb's palsy case and provide an opinion on the cause of the injury, and if it was caused by a doctor's negligence. The expert will also help you determine the severity of your injuries and how they may affect your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. It is more prevalent in vaginal births however it can occur during C-sections. The injury is caused when doctors move the shoulders of a baby to ease delivery. The process can cause nerve damage or stretch in the armpit, causing long-term damage.

The injury is sometimes repaired through surgery, but can still cause complications. Children suffering from this condition may not be able to use their arms or raise their hands. This can impact their health, especially those who are unable perform everyday tasks. Some people may benefit from muscle transfers, in which surgeons insert stronger tendons and muscles to support weaker ones.

If you file a claim, your lawyer will gather as much evidence as is possible and present it to lawyers of the defendants. The defendants will then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.

Documentation

Erb's palsy lawsuits can help families to receive compensation for injuries to their children. Additionally, they help prevent future medical errors by holding those responsible accountable. Our lawyers have the expertise and resources to fully investigate your child's situation and determine if an error by a medical professional led to his or her brachial plexus injury.

Erb's Palsy is often caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during delivery. This may be due to the incorrect use of vacuum extractors or forceps, a long labor that results in stress on a baby's head and shoulders, or shoulder dystocia.

A few babies with Erb's paralysis recover completely and are able to move their arms normally. Some babies develop permanent nerve damage, and will be disabled for the rest of their lives. The majority of cases of Erb's Palsy can be avoided and are caused by medical malpractice during labor and birth.

Our lawyers will file a lawsuit against the defendants (usually the hospital or doctor that was involved in the birth of your child) after they have gathered all the medical records and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions, further medical records, and expert opinions. The majority of cases filed against Erb's & Palsy are settled, but we will bring your case to trial if necessary.

Trial preparation

The final step of pursuing compensation for a child's brachial-plexus injury is presenting arguments to a judge or jury. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider failed to behave in a reasonable manner under a specific set of circumstances. The defendant's lawyers will try to convince a judge or jury that they were able to act in a reasonable manner.

In most instances, the parties reach an agreement before the trial. This is done to satisfy the interests of both parties and bring the litigation to an end. The plaintiffs will receive an amount of money in one lump and the lawsuit will end. The amount of compensation will depend on the severity and future medical requirements of the injury.

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to cover the costs. Financial compensation from an Erb's palsy lawsuit could help families with the expenses they might incur in treating their children's illness. It also helps cover lost wages if the injury hinders a child's ability to work in the future. It can also help alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced family lawyer who has experience in Erb's Palsy can help families receive the compensation they are entitled to.