Erb's Palsy Litigation

A child suffering from erb's palsy attorneys palsy may receive compensation to cover future medical costs and treatment. These funds may also help families cope with the emotional trauma caused by this birth injury.

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

Medical Records

It can be devastating to a family when a child suffers from Erb's palsy. The condition can cause swelling and pain, which can make it difficult for children to perform basic tasks like playing sports or putting on their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can assist families get compensation for their losses.

The first step in 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 the documents and may need to consult experts in obstetrics and anesthesia as well as orthopedic surgery. Experts will give their opinion on whether the child's Erb's palsy was the result of the error of a doctor or due to natural causes.

Erb's Palsy can be caused by several factors. The most frequent cause is when a physician uses excessive force during labor and delivery. This can tear or stretch brachial nerves and trigger the condition. There are strategies that doctors can employ to prevent this. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. Compensation from a successful claim can be used to pay the medical bills of your child as well as other expenses related to the injury. This can ease the financial burden and improve your child's overall quality of life.

Expert witness reports

A medical professional is required to evaluate your Erb's palsy case and provide an opinion on the cause of the injury, and whether it was due to the negligence of a doctor. The expert can also help determine the severity of your injuries and how they will impact your future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more frequent during vaginal births but can also occur during c-sections. The injury is often caused by doctors who have to move the 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 instances the injury may be corrected with surgery, but it can still cause issues. Children suffering from this condition may not be able their hands or use their arms. This could be detrimental to their quality of living and can hinder them from participating in activities or doing everyday tasks. Some people are able to benefit from the procedure of muscle transfer that involve the surgical placement of stronger muscles or tendons to help support the weaker ones.

When you file a claim your lawyer will collect as much evidence as is possible and submit it to the attorneys for the defendants. The defendants have 30 days to respond. The court will then schedule your Erb’s Palsy trial.

Documentation

Families can get compensation for the harm their children suffered by filing Erb's Palsy lawsuits. They also can prevent future medical errors by holding accountable parties liable. Our lawyers have the knowledge and resources to thoroughly investigate your child's situation and determine if negligence by a medical professional contributed to his or her brachial plexus injury.

Erb's Palsy is often caused due to a doctor pulling too hard on the baby's neck, head, or shoulders during the birth. This may be due to the incorrect use of vacuum extractors or forceps as well as a long labor which causes stress on a baby's shoulders and head or shoulder dystocia.

Some babies with Erb's palsy recover completely and are able to move their arms normally. Some babies suffer 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 the result of medical malpractice during labor and delivery.

Once the medical records and other evidence is taken into consideration, our lawyers will begin a lawsuit against defendants, typically the hospital or doctor who was involved in your child's birth. The discovery process starts after the lawsuit has been filed. This includes depositions as well as additional medical records. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, however we are prepared to pursue your case to trial if needed.

Trial preparation

The final stage of seeking compensation for a child's plexus brachial injury is to present arguments before a jury or judge. Your Erb's lawyer will try to prove that the healthcare professional did not behave in a reasonable manner under a particular situation, while the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted reasonably.

In the majority of cases, the parties come to an agreement prior to trial. This is designed to satisfy the interests of both sides and bring the case 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.

Children who suffer from brachial-plexus injuries are often unable to pay for the costs. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they may incur for treating their children's illness. It can also cover lost wages, if the injury can affect a child's future capacity to work. Finally, it can help cover the physical and emotional stress of living with a life-altering birth injury. An experienced Erb's-Palsy attorney can help families pursue the damages they are entitled to.