Erb's Palsy Litigation

Children who suffer from Erb's Palsy could receive compensation for future medical bills and treatments. These funds can help families cope emotionally with the birth injury.

Your lawyer will go through your medical documents and determine what your case is worth. They will then file the lawsuit and give defendants 30 days to respond.

Medical Records

If a child has Erb's palsy, it can be devastating for their family. The condition can cause pain, swelling and disability that can affect the ability of a child to use their hand for everyday tasks like playing sports or even buttoning their shirt. A lawsuit filed by a seasoned Erb's palsy lawyer could help families receive compensation for their losses.

The first step in submitting a medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will look over the documents and may have consult with experts in obstetrics or anesthesia, and orthopedic surgery. Experts will give their opinions on whether your child's Erb's paralysis was the result of a doctor's error or due to natural causes.

A variety of factors can trigger Erb's Palsy in a variety of ways. The most common cause is when a physician uses excessive force during labor and birth. This can stretch or tear the brachial plexus nerves which can cause the condition. Fortunately, there are specific methods that doctors can employ to stop this from occurring. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to make a claim. A successful claim could be able to pay for medical bills as well as other costs associated with the injury. This can alleviate financial burdens and enhance your child's quality of life.

Expert Witness Reports

A medical expert will be needed to review your case of Erb's palsy and provide a verdict on what caused the injury and if it was caused by negligence of a physician. The expert will also help you determine the severity of your injuries and how they might impact your future.

Erb's Palsy can be caused by birth injuries to the brachial-plexus. It is more prevalent in vaginal births but can happen during C-sections. The injury usually occurs when doctors need to move the baby's shoulders in order to facilitate delivery. The process may cause nerve damage or stretch in the armpit, causing long-term damage.

The injury may be repaired with surgery, but it can cause complications. Children with this type of injury may not be able use their arms or raise their hands. This could affect their daily living and can hinder them from participating in sports or carrying out everyday tasks. Some people are able to benefit from muscle transfer surgery in which surgeons place stronger muscles or tendons to support the weaker ones.

When you file a claim, your lawyer will collect as much evidence as they can and submit it to the attorneys for the defendants. The defendants have 30 days to respond. Following this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can get compensation for the harm their children suffered by filing lawsuits for Erb's palsy. They also can prevent future medical errors by holding responsible parties liable. Our lawyers have the expertise and resources to fully examine your child's case and determine whether a medical professional's negligence led to a brachial plexus injury.

Erb's spalsy can be caused by a physician pulling too hard on the baby's neck, head, arms or shoulders during birth. This can be caused by the improper use of vacuum extractors. It can be caused by long labor causing stress on the baby's head and shoulders.

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

After the medical records and other evidence is obtained, our lawyers will start a lawsuit against defendants, which is usually the hospital or doctor that was involved in the birth of your child. The discovery process begins after the lawsuit has been filed. This includes depositions, Erb's palsy attorney as well as other medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, but we are prepared to take your case all the way through trial if needed.

Trial preparation

The final step in pursuing compensation for a child's brachial nerve injury is presenting evidence to a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare provider failed to be reasonable in a particular 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 will come to a deal prior to trial. The aim of the settlement 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 come to an end. The amount of money awarded will depend on the severity and medical requirements of the injury.

Families with children suffering from brachial plexus injury often struggle to pay for the expenses. A lawsuit for Erb's Palsy can offer financial compensation to families that may need to pay for medical expenses related to their children's condition. It also helps cover lost wages if an injury has a negative impact on a child's ability to work in the future. In addition, it helps deal with 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 to pursue the compensation they deserve.