Erb's Palsy Litigation

A child who has erb's syndrome could be eligible for compensation to cover future medical costs and treatment. The funds could also help families deal with the emotional stress of this birth injury.

Your lawyer will look over your medical records and determine the value your case is worth. The lawsuit is filed and defendants will have 30 days to respond.

Medical records

It can be a devastating experience for families when a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and impairment that can hinder a child's ability to use their hand for basic tasks, such as playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer can help families receive compensation for their losses.

The first step to file a claim 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 consult with experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. They will give you their opinion on whether Erb's Palsy in your child is due to an error in medical treatment or natural cause.

Erb's Palsy is caused by a variety of factors. The most common reason is when a doctor exerts excessive force during labor and delivery. This can cause stretching or tears to the brachial plexus nerves leading to the condition. There are strategies that doctors can use to avoid this. You should consult with an attorney as soon as your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses and other expenses relating to the injury. This can alleviate financial burdens and improve your child's quality of life.

Expert Witness Reports

A medical professional is needed to review the case of Erb's Palsy and give a final opinion on the cause of the injury and if it was caused by negligence of a physician. The expert will also help determine the severity of your injuries and how they could affect your future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. This is more common during vaginal births, but it can also occur during C-sections. This type of injury occurs when doctors move the shoulders of a baby to ease delivery. The process can cause stretching and tear to the armpit's nerves causing permanent damage.

The injury is sometimes repaired through surgery, but can still cause complications. Children suffering from this condition may not be able raise their hands or use their arms. This could impact their quality of life, especially when they are unable to play sports or do everyday tasks. Certain people may benefit from muscle transfer surgeries in which surgeons place stronger muscles or tendons to help support the weaker ones.

If you file a claim, your lawyer will gather as much evidence as they can and present it to defense attorneys of the defendants. The defendants 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 claim compensation for the harm their children suffered by filing Erb's Palsy lawsuits. They can also prevent further medical errors by holding accountable parties accountable. Our lawyers have the experience and resources needed to investigate the injuries of your child and determine whether a medical professional's negligent actions caused it.

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

A few babies with Erb's paralysis recover completely and can move their arms again. Some babies suffer permanent nerve damage and will be disabled for the rest their lives. Thankfully, most cases of Erb's paralysis are preventable and a result of medical negligence during labor and delivery.

Our attorneys will file a lawsuit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all the medical records and evidence. The discovery process begins after the lawsuit has been filed. This includes depositions and additional medical records. Expert opinions are also available. Most Erb's palsy lawsuits end with a settlement, but we are prepared to take your case all the way through trial if necessary.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries suffered by children is to present arguments before a judge or jury. Your Erb's lawyer will try to prove that the healthcare professional did not perform their duties in a particular set of circumstances, and the attorneys representing the defendant will attempt to convince the jury or judge that the healthcare professional acted reasonably.

In most cases, the parties come to an agreement prior to trial. The goal of the settlement is to satisfy both parties' needs and to end the lawsuit. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of the compensation will depend on the severity of the injury and the amount of medical treatment will be required in the future.

Parents of children who suffer from brachial plexus injuries are faced with significant expenses and often have to pay for them. Financial compensation from an Erb's Palsy lawsuit may help families pay for the expenses they may incur to treat their children's illness. It could also help cover the loss of wages if the injury impacts a child's ability to work. In addition, it helps to ease the emotional and physical anxiety of living with an injury that can alter the course of life. An experienced Erb's palsy attorney can assist families in pursuing the damages they are entitled to.