Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover the cost of treatment and future medical expenses. These funds can also help families deal with the emotional trauma that comes from this birth injury.

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

Medical records

When a child suffers from Erb's syndrome, it can be devastating for the family. The condition can cause swelling, pain and disability that may affect a child's ability to use their hand for everyday tasks 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 in filing a claim for medical negligence is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may even need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. These experts will offer their opinion on whether Erb's Palsy in your child was caused by an undiagnosed medical issue or natural causes.

Erb's Palsy may be caused by many factors. The most common is when a doctor applies excessive force during labor and delivery. This can stretch or tear brachial nerves, causing the condition. There are techniques that doctors can employ to avoid this. It is important to contact an attorney right away if your child was diagnosed with this birth defect. A successful claim could be able to pay for medical bills as well as other costs associated with the injury. This will help your child's financial burden and enhance their quality of life.

Expert witness reports

A medical expert will be needed to analyze your Erb's palsy case. They will offer their opinion on the reason for the injury, and whether or not it was caused by negligence by a physician. The expert will also help you determine the extent of your injuries and how they may impact your life in the future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more prevalent during vaginal births but may also occur during c-sections. The injury is typically caused when doctors must move a baby's shoulders to facilitate the delivery. The process can stretch or tear the nerves in the armpit, causing permanent damage.

The injury can sometimes be corrected by surgery, but it may cause complications. Children suffering from this condition may not be able to use their arms or raise their hands. This could impact their quality of life, especially when they are unable engage in sports or perform daily tasks. Certain people can benefit from the procedure of muscle transfer where surgeons insert stronger muscles or tendons in order to support weaker ones.

When you file a claim, your lawyer will collect as much evidence as they can and submit it to the 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 assist families get compensation for injuries suffered by their children. They can also prevent further medical errors by holding responsible parties liable. Our lawyers have the expertise and resources to fully investigate your child's case and determine whether a medical professional's negligence led to a brachial plexus injury.

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

Some children with Erb's Palsy recover completely and can move their arms normally. However, some babies suffer permanent nerve damage and be handicapped for the remainder of their lives. Fortunately, the majority cases of Erb's syndrome are preventable and result of medical mistakes during labor and delivery.

After the medical documents and other evidence are taken into consideration, our lawyers will start a lawsuit against defendants, which is usually the doctor or hospital involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions and other medical records. Expert opinions are also provided. The majority of Erb's Palsy lawsuits are settled, but we may go to trial if it is necessary.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus suffered by children is to make arguments before a judge or jury. Your Erb's palsy lawyer is going to try to establish that the healthcare professional failed to perform their duties in a particular set of circumstances, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted reasonably.

In the majority of instances, the parties reach an agreement prior to trial. This is done to satisfy the needs of both sides and bring the case to an end. The plaintiffs will receive an amount in one lump sum and the lawsuit will come to an end. The amount of money awarded depends on the severity of the injury and the amount of medical care will be needed in the future.

Parents of children suffering from brachial plexus injuries face significant expenses and often have to cover these costs. Financial compensation from an Erb's psy suit can help families with the expenses they may incur for treating their children's condition. It also assists in recouping lost wages if the injury hinders the ability of a child to work in the future. It can also assist in easing the emotional and physical stress of being a victim of an injury that has an impact that is profound on the child's life. An experienced family lawyer who has expertise in Erb's palsy can assist families to receive the compensation they deserve.