Erb's Palsy Litigation

Children with Erb's Palsy can be compensated for future medical expenses and treatment. These funds can help families cope with this birth injury.

Your lawyer will look over your medical records and determine the value your case is worth. The lawsuit will be filed and the defendants will have 30 days to respond.

Medical records

It can be a devastating experience for families when a child suffers from Erb's palsy. The condition can cause pain and swelling that can make it difficult for a child to do basic tasks like playing sports or buttoning their shirt. A lawsuit filed by a seasoned Erb's Palsy lawyer can help families recover compensation for their losses.

The first step of filing an action for medical malpractice is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over these documents and may need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will offer their opinion on if Erb's ailment in your child was due to a medical error or natural cause.

Erb's palsy can be caused by several factors. The most common reason is when a doctor exerts excessive force during labor and birth. This can cause strain or tears to the brachial nerves, which can cause the condition. There are techniques that doctors can employ to avoid this. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to make a claim. A successful claim could be able to pay for medical bills and other expenses relating to the injury. This can alleviate financial burdens and improve your child's quality of life.

Expert witness reports

A medical professional will be required to evaluate your Erb's case and provide a verdict on what caused the injury and whether it was due to negligence of a physician. The expert will also help you determine the extent of your injuries and how they might affect your life in the future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. It is more prevalent in vaginal births but can happen during c-sections. The injury is often caused when doctors need to move the baby's shoulders in order to facilitate the delivery. The process may pull or tear the nerves in the armpit, which can cause permanent damage.

In some cases, the injury can be corrected through surgery, but it could still cause problems. Children with this condition may not be able raise their hands or use their arms. This could impact their quality of life, especially those who are unable play sports or do everyday tasks. Some people may benefit from muscle transfers, where surgeons place stronger tendons or muscles to support weaker ones.

Your lawyer will collect as many evidence as you can and send it to the attorneys of the defendants. The defendants have 30 days to respond. After this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm their children suffered by filing Erb's Palsy lawsuits. Additionally, they help prevent future medical mistakes by holding those responsible accountable. Our lawyers are equipped with the knowledge and resources to examine the injury of your child and determine if a medical professional's negligent actions caused the injury.

One of the most common instances of medical malpractice causing Erb's Palsy is when a doctor pulls too hard on a baby's head neck or shoulders during labor and delivery. It can be caused by the incorrect use of vacuum extractors. It could also be due to a prolonged labor that puts stress on the baby's head and shoulders.

Some babies suffering from Erb's palsy recover completely and are able to move their arm normally again. Some babies develop permanent nerve damage, and will be disabled for the rest their lives. Fortunately, the majority of cases of Erb's Palsy can be prevented and are the result of medical inattention during labor and birth.

Once the medical records and other evidence have been collected, our attorneys will file a lawsuit against the defendants, typically the doctor or hospital involved in your child's birth. The discovery process starts after the lawsuit has been filed. This could include depositions, other medical records, and expert opinions. The majority of Erb's palsy lawsuits result in settlement, however we are prepared to take your case to trial if needed.

Trial preparation

The final step to pursue compensation for brachial-plexus injuries in children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to show that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, while lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted in a reasonable manner.

Typically, the parties come to a deal prior to trial. This is done to satisfy the interests of both sides and Erb's Palsy lawsuits bring the case to an end. The lawsuit will be concluded 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.

Parents of children with brachial-plexus injuries have to face huge expenses and often have to cover the costs. Financial compensation from an Erb's Palsy lawsuit may help families pay for the expenses they might incur in treating their children's condition. It can also cover lost wages if the condition hinders a child's ability to work. It can also help deal with the emotional and physical anxiety of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can assist families to pursue the damages they deserve.