Erb's Palsy Litigation

A child with erb's palsy law firms palsy might be eligible to receive compensation for the cost of treatment and future medical expenses. These funds can help families cope emotionally with the trauma of birth.

Your lawyer will review your medical records to determine the worth of your case. They will then file the lawsuit and give the defendants 30 days to respond.

Medical Records

It can be devastating to families when a child has the condition Erb's - Palsy. The condition can cause pain, swelling and disability that may affect the ability of a child to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer will help families get compensation for the losses they have suffered.

The first step in filing a medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will look over these documents and Erb's palsy may even need to consult with experts in obstetrics, anesthesia, and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's paralysis was caused by an error made by a doctor, or due to natural causes.

Many factors can cause Erb's palsy. Most commonly, a doctor uses too much force when they perform labor and delivery. This can stretch or tear brachial nerves and cause the condition. There are a variety of techniques doctors can employ to avoid this. It is recommended to speak with an attorney as soon as your child was diagnosed with this birth defect. A successful case could assist in paying for medical expenses and other expenses relating 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 the case of Erb's Palsy and give an opinion about what caused the injury and if it was caused by the negligence of a doctor. The expert will also help you determine the severity of your injuries and how they might affect your future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This is more prevalent during vaginal births, but may also occur during c-sections. The injury is typically caused by doctors who have to move a baby's shoulders around to facilitate delivery. The procedure can tear and stretch the nerves in the armpit and cause permanent damage.

In certain instances the injury can be corrected with surgery, but it may still cause issues. Children suffering from this condition may not be able use their arms or raise their hands. This could negatively impact their daily living, especially if it prevents them from playing sports or performing everyday tasks. Certain people may benefit from muscle transfer surgeries that involve the surgical placement of stronger muscles or tendons to help support weaker ones.

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

Documentation

Families can seek compensation for the harm they suffered as children 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 investigate your child's injuries and determine whether a medical professional's negligent actions caused it.

Erb's spalsy can be caused by a doctor who pulls too hard on the baby's neck, head, or shoulders during birth. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's shoulders and Erb's Palsy head, or shoulder dystocia.

Some babies with Erb's palsy recover completely and can move their arms again. However, other babies have permanent nerve damage and suffer from disability for the duration of their lives. Thankfully, most cases of Erb's paralysis are preventable and the result of medical negligence during labor and delivery.

Once the medical documents and other evidence are taken, our attorneys will start a lawsuit against defendants, which is typically the hospital or doctor who was involved in the birth of your child. The discovery process begins after the lawsuit has been filed. This includes depositions as well as additional medical documents. Expert opinions are also available. The majority of Erb's Palsy lawsuits are resolved, but we will consider bringing your case to trial if necessary.

Trial preparation

The final stage of seeking compensation for a child's brachial plexus injury is to present arguments to a judge or jury. Your Erb's palsy lawyer is going to try to show that the healthcare professional failed to behave in a reasonable manner under a particular set of circumstances, and the defendant's attorneys will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties settle the case prior to trial. The goal of the settlement is to satisfy both parties' needs and end the lawsuit. The plaintiffs will receive a lump sum of money and the lawsuit will be closed. 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 injuries are faced with significant costs and often struggle to cover the costs. A lawsuit for Erb's Palsy could provide financial compensation to families who may have to incur expenses in treating their children's condition. It also assists in recouping lost wages if an injury has a negative impact on the child's ability to work in the future. It can also help alleviate the physical and emotional stress of being a victim of an injury that has an immense impact on the child's life. An experienced attorney for Erb's Palsy can assist families to pursue the damages they deserve.