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Erb's Palsy Litigation

Children suffering from Erb's palsy may be compensated for future medical expenses and treatment. The funds could also help families cope with the emotional trauma that comes from this birth injury.

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

Medical Records

It can be a major blow to a family when a child has Erb's Palsy. The condition can cause swelling and pain, which can make it difficult for a child to do basic tasks like playing sports or putting on their shirt. A knowledgeable Erb's-Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step to file the medical malpractice claim is to collect evidence of negligence. This includes medical documents and witness statements. The attorney will review the documents and may have to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. They will give you their opinions on whether Erb's palsy in your child is due to a medical error or natural causes.

There are many factors that can trigger Erb's palsy. Most often, a doctor may use excessive force during labor and delivery. This can stretch or tear the brachial nerves, which can cause the condition. Fortunately, there are specific methods that doctors can employ to prevent this from happening. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to file a lawsuit. A successful case could assist in paying for medical expenses as well as other costs associated with the injury. This can reduce the financial burden of your child and improve their quality of life.

Expert witness reports

A medical expert will be required to evaluate the case of Erb's Palsy and provide an opinion on the cause of the injury, and whether it was due to a doctor's negligence. The expert will also assist you to determine the severity of your injuries and how they could affect your future.

Erb's Palsy is caused by birth injuries to the brachial plexus. This is more frequent during vaginal births, but may also occur during c-sections. The injury usually occurs by doctors who have to move the baby's shoulders to facilitate the delivery. The process can pull or tear the nerves in the armpit, causing permanent damage.

The injury is sometimes repaired through surgery, but it can cause complications. Children with this condition may not be able raise their hands or use their arms. This could affect their daily living particularly if it hinders them from participating in sports or carrying out everyday tasks. Certain people may benefit from muscle transfer surgeries, in which surgeons implant stronger muscles or tendons to help support the weaker ones.

Your lawyer will collect as any evidence as you can and send 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

Families can receive compensation for the injuries their children suffered by filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding responsible parties liable. Our lawyers have the resources and experience to examine the injury of your child and determine whether the negligence of a medical professional caused the injury.

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

A few babies who suffer from Erb's paralysis will recover completely and be capable of moving their arms in a normal way. Some babies suffer permanent nerve damage, and may be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's paralysis are preventable and the result of medical mistakes during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all medical documents and evidence. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions and other medical documents. Expert opinions are also included. Most Erb's palsy lawsuits end in settlement, however we're 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 present evidence before a jury or judge. Your Erb's lawyer will try to prove that the healthcare professional failed to act in a reasonable way under a specific set of circumstances, and the defense attorneys of the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.

In the majority of instances, the parties reach an agreement prior to trial. The goal of the settlement is to satisfy both parties' needs and to end the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of compensation depends on the severity and future medical needs of the injury.

Children with brachial plexus injuries are faced with significant expenses and often have to cover these costs. Financial compensation from an Erb's palsy lawsuit can assist families with the costs they could incur in order to treat their children's condition. It also assists with the loss of earnings if the injury affects the child's ability to work in the future. Finally, it can help deal with the emotional and physical stress of living with an injury that can alter the course of life. A family attorney with experience with Erb's Syndrome can assist families in obtaining the compensation they deserve.