Erb's Palsy Litigation

A child with erb's palsy may receive compensation to cover future medical costs and treatment. The funds could also help families cope with the emotional stress of this birth injury.

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

Medical Records

It can be a devastating experience for the family of a child who has the condition Erb's - Palsy. The condition can cause swelling, pain and disability that could affect a child's ability to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer could help families recover compensation for their losses.

The first step in filing the medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review these documents and may even need to consult with experts in obstetrics, anesthesia and orthopedic surgery. Experts will offer their opinions on whether or not your child's Erb's paralysis was caused by a doctor's error or due to natural causes.

Erb's palsy can be caused by a variety of factors. The most common is when a physician uses excessive force during labor and delivery. This can tear or stretch the brachial plexus nerves which can cause the condition. There are fortunately, specific techniques that physicians can employ to prevent this from happening. If your child has been diagnosed with this birth injury, you should consult a lawyer right away to file a lawsuit. The benefits of a successful claim will pay for the medical bills of your child and other expenses related to the injury. This could reduce the financial burden of your child and improve their quality of life.

Expert Witness Reports

An expert medical is required to examine your erb's palsy attorneys palsy case. They will give 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 will affect your future life.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more prevalent during vaginal births but can also occur during c-sections. This injury occurs when doctors move the shoulders of a newborn to facilitate delivery. The process can cause stretching and tear to the nerves of the armpit creating permanent damage.

In certain instances the injury may be corrected through surgery, but it can still cause problems. Children suffering from this condition may not be able to use their arms or raise their hands. This can affect their quality of life, especially those who are unable engage in sports or perform daily tasks. Some people may benefit from muscle transfers, in which surgeons implant stronger tendons or muscles to support weaker ones.

When you file a claim your lawyer will gather as much evidence as possible and send it to attorneys for the defendants. The defendants have 30 days to respond. Following this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. Additionally, they help stop future medical errors from occurring by holding the responsible parties accountable. Our lawyers are equipped with the experience and resources needed to examine the injury of your child and determine whether the negligence of a medical professional caused it.

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

Some babies with Erb’s palsy will recover completely and be able to move their arms normal. However, some babies suffer permanent nerve damage and will suffer from a disability for the remainder of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and the result of medical negligence during labor and delivery.

After the medical records and other evidence is collected, our attorneys will begin a lawsuit against defendants, which are typically the hospital or doctor who was involved in your child's birth. The discovery process begins once the lawsuit has been filed. This includes depositions, as well as other medical documents. Expert opinions are also provided. Most Erb's palsy lawsuits end in settlement, but we're prepared to take your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to argue before a jury or judge. Your Erb's palsy lawyer will try to establish that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, and the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional behaved reasonably.

In most cases, the parties come to an agreement before trial. This is done to satisfy the needs of both sides and bring the lawsuit to a close. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of money awarded is based on the severity the injury and how much medical care will be needed in the future.

Families with children suffering from brachial-plexus injuries are often unable to pay for the expenses. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they could incur in order to treat their children's illness. It also helps to cover lost earnings if the injury affects the ability of a child to work in the future. It can also help cover the physical and emotional stress of dealing with an injury that can have an enormous impact on the life of a child. An experienced Erb's palsy attorney can assist families to pursue the damages they are entitled to.