Erb's Palsy Litigation

A child with erb's palsy might be eligible to receive compensation for future medical costs and treatment. These funds can also help families deal with the emotional trauma of this birth injury.

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

Medical records

It can be a major blow to the family of a child who is diagnosed with Erb's Palsy. The condition can cause pain and swelling that can make it difficult for children to do everyday tasks such as playing sports or buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step in submitting the medical malpractice claim is to gather evidence of negligence. This includes medical records and witness statements. Your lawyer will go through the documents and may have to consult experts in obstetrics and anesthesia and orthopedic surgery. These experts will provide their opinions on whether Erb's palsy in your child was caused by an error in medicine or natural causes.

There are many factors that can trigger Erb's Palsy in a variety of ways. Most often, a doctor is prone to using too much force when performing labor and delivery. This can cause stretching or tears to the brachial plexus nerves, which can cause the condition. There are fortunately, specific techniques that physicians can use to prevent this from occurring. You should contact an attorney as soon as your child was diagnosed with this birth defect. The benefits of a successful claim can be used to pay the medical bills of your child as well as other costs associated with the injury. This can help ease the financial burden of your child and enhance their quality of life.

Expert Witness Reports

An expert medical will be required to evaluate your Erb's palsy case. They will give their opinion on the reason for the injury and whether it was caused by negligence by a doctor. The expert will also be able to help you determine how serious your injuries are and how they will impact your future.

Erb's Palsy can be caused by birth trauma to the brachial plexus. This is more common in vaginal births but can happen during c-sections. This injury happens when doctors move the shoulders of a baby in order to facilitate delivery. The process may pull or tear the nerves in the armpit, leading to permanent damage.

In certain cases, the injury can be corrected with surgery, but it can still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This could affect their health, Erb's palsy especially if they are unable to play sports or do everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons or muscles to support weaker ones.

If you file a claim, your lawyer will collect as much evidence as they can and submit it to the lawyers of the defendants. The defendants then have 30 days to respond to your claim. After that the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Erb's lawsuits for palsy help families get compensation for injuries suffered by their children. In addition, they can stop future medical errors from occurring by holding the responsible parties accountable. Our lawyers have the knowledge and resources to thoroughly investigate your child's situation and determine if the negligence of a medical professional led to the brachial plexus injury.

One of the most frequent instances of medical malpractice causing Erb's Palsy is when a doctor puts too hard on a baby's head, neck, Erb's palsy arms, or shoulders during labor and birth. This may be due to the improper use of vacuum extractors or forceps or a prolonged labor that creates stress on a baby's shoulders and head or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and are able to move their arms again. However, some babies suffer permanent nerve damage and will be disabled for the rest of their lives. Thankfully, the majority of cases of Erb's Palsy are preventable and a result of medical negligence during labor and delivery.

Once the medical records and other evidence is collected, our attorneys will file a lawsuit against the defendants, typically the hospital or doctor 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 included. Most Erb's Palsy lawsuits are resolved, but we will go to trial if it is necessary.

Trial preparation

The final step to pursue compensation for a child's brachial nerve injury is presenting evidence to a judge or jury. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider did not act in a reasonable way under a certain set of circumstances. The lawyers representing the defendant will try to convince a jury or judge that they acted in a reasonable manner.

Typically, the parties settle the case prior to trial. The intention is to satisfy both parties' needs and also to close the case. The plaintiffs will receive an amount of money in one lump and the lawsuit will be closed. The amount of compensation depends on the severity of the injury and how much medical treatment is needed in the future.

Children with brachial plexus injury face substantial expenses and often have to cover the costs. Financial compensation from an Erb's psy suit can aid families in paying for the costs they may incur to treat their children's condition. It also assists in recouping lost wages if the injury impacts a child's ability to work in the future. In addition, it helps to ease the emotional and physical anxiety of living with an injury that can alter the course of life. A family attorney with experience in Erb's Palsy can help families receive the compensation they deserve.