Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover treatment and future medical expenses. These funds can help families cope with this birth injury.

Your lawyer will go through your medical records to determine the worth of your case. The lawsuit is filed and defendants will have 30 days to respond.

Medical Records

It can be devastating for a family when a child has the condition Erb's - Palsy. The condition can cause swelling and pain, which can make it difficult for children to complete basic tasks such as playing sports or buttoning 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 an action for medical malpractice is to collect evidence of negligence. This includes medical documents and witness statements. Your attorney will look over these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. They will give you their opinion on whether the Erb's Palsy in your child is due to a medical error or natural causes.

Several factors can lead to Erb's palsy. The most common is when a physician uses too much force during labor and birth. This can tear or stretch brachial nerves, causing the condition. There are strategies that doctors can employ to prevent this. If your child has been diagnosed with this birth injury, you should contact a lawyer immediately to file a lawsuit. A successful claim can assist in paying for medical expenses and other costs related to the injury. This can ease the financial burden and enhance your child's quality of life.

Expert witness reports

A medical professional is required to examine your erb's palsy lawyers palsy case and provide a verdict on the cause of the injury and if it was due to a doctor's negligence. The expert will also assist you to determine the severity of your injuries and how they could impact your life in the future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This is more common during vaginal births, but can occur during C-sections. The injury is usually caused when doctors must move a baby's shoulders to facilitate the delivery. The process can cause stretching and tear to the nerves in the armpit creating permanent damage.

In some cases injuries can be corrected through surgery, but it may still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This can affect their well-being, especially when they are unable perform everyday tasks. Some people may benefit from muscle transfers. In these, surgeons place stronger tendons or muscles to support weaker ones.

If you file a claim your lawyer will collect the most evidence possible and send it to defense attorneys of the defendants. The defendants will 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 seek compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. In addition, they can prevent future medical mistakes by holding the parties responsible accountable. Our lawyers have the expertise and resources to fully investigate your child's case and determine if negligence by a medical professional contributed to his or her brachial plexus injury.

Erb's palsy may be caused by a doctor pulling too hard on the baby's neck, head, arms or shoulders during the birth. This could be due the improper use of forceps or vacuum extractors and a long labor that results in stress on a baby's shoulders and head, or shoulder dystocia.

A few babies with Erb's paralysis recover completely and can move their arms again. However, some babies have permanent nerve damage and will suffer from a disability for the remainder of their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and a result of medical carelessness during labor and delivery.

Once the medical documents and other evidence are taken into consideration, our lawyers will begin a lawsuit against defendants, typically the hospital or doctor who was involved in the birth of your child. Once the lawsuit has been filed, the discovery process will begin. This includes depositions and other medical documents. Expert opinions are also included. Most Erb's palsy lawsuits end in settlement, but we are prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to make arguments before a jury or judge. Your Erb's ailment lawyer will try to prove that the healthcare provider failed to act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will attempt to convince a jury or judge that they acted reasonable.

In most instances, the parties reach an agreement before the trial. This is done to satisfy the needs of both sides and bring the litigation to a close. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and future medical requirements of the injury.

Families with children suffering from brachial plexus injuries often struggle to cover the costs. A lawsuit against Erb's Palsy can provide financial compensation to families who may have to pay for treatment costs for their children's ailments. It can also cover lost wages if the condition impacts a child's ability to work. It can also help alleviate the emotional and physical stress of living with an injury that can have an impact that is profound on the child's life. An experienced Erb's-Palsy attorney will assist families in pursuing the damages they deserve.