Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical expenses and treatment. These funds can assist families in dealing with the trauma of birth.

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

Medical records

If a child is affected by Erb's syndrome, it can be devastating for the family. The condition can cause swelling and pain that can make it difficult for a child to complete basic tasks such as playing sports or putting on their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can help families recover compensation for their losses.

The first step to file a medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may even need to consult with experts in obstetrics, anesthesia and orthopedic surgery. They will give you their opinion on if Erb's ailment in your child was caused by a medical error or natural cause.

A variety of factors can trigger Erb's Palsy in a variety of ways. The most frequent cause is when a doctor exerts excessive force during labor and delivery. This can cause stretching or tears to the brachial nerves, leading to the condition. There are a variety of techniques doctors can use to avoid this. You should contact an attorney immediately if your child was diagnosed with this birth defect. The benefits of a successful claim will help pay for the medical bills of your child as well as other costs related to the injury. This can help ease the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical professional will be needed to review your case of Erb's palsy and provide a verdict on what caused the injury and if it was due to the negligence of a doctor. The expert can also help you determine the severity of your injuries and how they might impact your future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. It is more frequent in vaginal births however it can occur during c-sections. The injury is typically caused when doctors must move the baby's shoulders to facilitate the delivery. The procedure can tear and stretch the nerves of the armpit creating permanent damage.

In certain instances the injury may be repaired with surgery, but it can still cause problems. Children suffering from this condition may not be able their hands or use their arms. This can impact their health, especially if they are unable to participate in sports or carry out everyday tasks. Some people may benefit from muscle transfers, where surgeons place stronger tendons or muscles to help weaker ones.

If you file a claim your lawyer will collect as much evidence as they can and submit it to the defense attorneys of the defendants. The defendants then have 30 days to respond to your claim. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can seek compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. In addition, they can prevent future medical errors by holding those responsible accountable. Our lawyers have the knowledge and resources to thoroughly examine your child's medical history and determine if an error by a medical professional led to a brachial plexus injury.

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

Some babies with Erb’s palsy can fully recover and be capable of moving their arms again. However, some babies have permanent nerve damage and will be disabled for the duration of their lives. Most cases of Erb's paralysis can be prevented and result from medical negligence during labor and delivery.

Once the medical records and other evidence is collected, our attorneys will begin a lawsuit against defendants, which is typically the hospital or doctor involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, as well as other medical records. Expert opinions are also provided. Most Erb's palsy lawsuits end in settlements, but we are prepared to pursue your case all the way through trial if necessary.

Trial preparation

The final step to pursue compensation for brachial-plexus injuries in children is to present evidence before a judge or jury. Your Erb's lawyer will try to prove that the healthcare professional did not act reasonably in a specific scenario, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional behaved reasonably.

In the majority of cases, the parties reach an agreement before trial. This is done to satisfy the interests of both parties and bring the case to a close. The lawsuit will be ended 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 are faced with significant expenses and often have to cover the costs. A lawsuit for Erb's psy could provide financial compensation to families who are likely to pay for the treatment of their children's condition. It can also pay for lost earnings, if the injury hinders a child's ability to work. Finally, it can help deal with the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced attorney from Erb's palsy can help families pursue the damages they deserve.