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Erb's Palsy Litigation

A child with erb's palsy could be eligible for compensation to cover future medical costs and treatment. The funds could also help families deal with the emotional trauma caused by this birth injury.

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

Medical records

It can be devastating for the family of a child who is diagnosed with Erb's Palsy. The condition can cause swelling, pain and disability that can affect a child's ability to use their hand for basic functions like playing sports or even buttoning their shirt. An experienced Erb's Palsy lawyer will help 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 documents as well as witness statements. Your lawyer will go through these documents and may even require consultation with experts in obstetrics, anesthesia and orthopedic surgery. These experts will provide their opinion on if Erb's ailment in your child was caused by a medical error or natural causes.

Several factors can lead to Erb's Palsy in a variety of ways. Most often, a doctor is prone to using too much force during labor and delivery. This can cause strain or tear to brachial nerves and cause the condition. There are techniques that doctors can use to avoid this. It is recommended to speak with an attorney immediately if your child was diagnosed with this birth defect. The money you receive from a successful claim can be used to pay the medical bills of your child and other expenses associated with the injury. This will ease your child's financial burden and enhance the quality of their life.

Expert Witness Reports

A medical expert will be required to examine your Erb's case and provide a verdict on the cause of the injury, and if it was due to negligence of a physician. The expert will also help you determine the extent of your injuries and how they may affect your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more common during vaginal births however it can occur during C-sections. The injury is caused when doctors move the shoulders of a newborn in order to facilitate delivery. The process may strain or tear nerves in the armpit, which can cause permanent damage.

In some cases injuries can be corrected with surgery, but it could still cause problems. Children who suffer from this condition might not be able to raise their hands or use their arms. This can affect their quality of life, Erb's especially if it prevents them from playing sports or carrying out everyday tasks. Some people are able to benefit from the procedure of muscle transfer that involve the surgical placement of stronger muscles or tendons that support weaker ones.

Your lawyer will gather as the evidence you can and then send it to the attorneys of the defendants. The defendants have 30 days to respond. The court will then set the date for your Erb’s Palsy trial.

Documentation

Families can receive compensation for the injuries their children sustained by filing lawsuits against Erb's Palsy. In addition, they can stop future medical errors from occurring by holding the responsible parties accountable. Our lawyers are equipped with the knowledge and resources to investigate your child's injury and determine whether the negligence of a medical professional caused the injury.

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

A few babies who suffer from Erb's paralysis will recover completely and be able to move their arms normal. Some babies sustain permanent nerve damage, and will be disabled for the rest their lives. Most cases of Erb’s palsy can be avoided and are the result of medical malpractice during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) once they have collected all the medical documents and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, further medical documents, and expert opinions. Most cases involving Erb's palsy are settled, but we can consider bringing your case to trial if it is necessary.

Trial preparation

The final step to pursue compensation for injuries to the brachial plexus in children is to make arguments before a jury or judge. Your Erb's Palsy lawyer will try to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The attorneys representing the defendant will try to convince a judge or jury that they acted in a reasonable manner.

In the majority of instances, the parties reach an agreement before the trial. This is done to satisfy the interests of both sides and bring the lawsuit to an end. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation received is based on the severity the injury and how much medical care will be needed in the future.

Parents of children with brachial plexus injury face substantial expenses and often have to cover the costs. Financial compensation from an Erb's palsy lawsuit can help families with the expenses they may incur to treat their children's condition. It can also pay for lost wages, if the injury impacts a child's ability to work. It also helps to ease the emotional and physical stress of dealing with an injury that has a profound impact on the child's life. A family attorney with experience in Erb's Palsy can help families receive the compensation they are entitled to.