Erb's Palsy Litigation

Children suffering from Erb's palsy may receive compensation for future medical bills and treatments. These funds can aid families to cope with this birth injury.

Your lawyer will examine your medical records and determine how much your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical records

If a child is affected by Erb's syndrome, it can be devastating for their entire family. The condition can cause pain, swelling and disability that can affect the ability of a child to use their hand to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a knowledgeable Erb's palsy lawyer can assist families recover compensation for their losses.

The first step in submitting a medical malpractice claim is to gather evidence of negligence. This includes medical records as well as witness statements. Your attorney will review the documents and may need to consult experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will offer their opinion on whether Erb's Palsy in your child was the result of an undiagnosed medical issue or natural cause.

A variety of factors can trigger Erb's Palsy in a variety of ways. Most often, doctors uses too much force when performing labor and delivery. This can tear or stretch the brachial plexus nerves leading to the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. You should contact an attorney immediately if your child was diagnosed with this birth defect. The money you receive from a successful claim will help pay for the medical bills of your child as well as other costs related to the injury. This will ease your child's financial burden and improve the quality of their life.

Expert Witness Reports

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

Erb's Palsy can be caused by birth injuries to the brachial-plexus. This is more common during vaginal births, but can occur during c-sections. The injury is often caused when doctors need to move a baby's shoulders to facilitate the delivery. The process can cause nerve damage or stretch in the armpit, causing long-term damage.

The injury is sometimes repaired by surgery, but it could cause complications. Children who suffer from this condition may not be able use their arms or raise their hands. This can affect their living quality and, in particular, if it stops them from participating in sports or performing everyday tasks. Some people may benefit from muscle transfers. These are when surgeons insert stronger tendons and muscles to support weaker ones.

If you file a claim, your lawyer will collect as much evidence as possible and send it to lawyers 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 claim compensation for the injuries their children suffered by filing a lawsuit for Erb's Psy. They can also stop further medical errors by holding accountable parties accountable. Our lawyers have the resources and experience to examine the injury of your child and determine whether a medical professional's negligent actions caused it.

One of the most common instances of medical malpractice that causes Erb's Palsy is when a doctor pulls too hard on a baby's head neck, arms, or shoulders during labor and birth. This can be caused by the incorrect use of vacuum extractors. It can also be caused by a long labor that causes stress to the baby's shoulders and head.

Some children with Erb's Palsy recover completely and can move their arm normally again. However, some babies suffer permanent nerve damage and suffer from disability for the duration of their lives. Thankfully, most cases of Erb's Palsy can be prevented and are the result of medical inattention during labor and birth.

Once the medical records and other evidence have been collected, our attorneys will file a lawsuit against the defendants, typically the hospital or doctor that was involved in your child's birth. After the lawsuit is filed, the discovery process will begin. This includes depositions, further medical documents, and expert opinions. The majority of Erb's Palsy lawsuits are resolved, but we will go to trial if needed.

Trial preparation

The final stage of seeking compensation for a child's plexus brachial injury is to present arguments to a judge or jury. Your Erb's palsy lawyer will attempt to show that the healthcare professional failed to perform their duties in a particular set of circumstances, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional acted reasonably.

Typically, the parties settle the case prior to trial. This is done to satisfy the desires of both parties and bring the case to an end. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of money awarded will depend on the severity of the injury and the amount of medical treatment will be required in the future.

Children with brachial plexus injury face substantial expenses and often have to cover these costs. The financial compensation offered by an Erb's psy suit can aid families in paying for the costs they could incur in order to treat their children's illness. It also assists in recouping lost wages if the injury impacts the child's ability to work in the future. It also helps to ease the physical and emotional burden of having an injury that can have a profound impact on a child's life. An experienced Erb's palsy attorney can assist families to pursue the damages they are entitled to.