Erb's Palsy Litigation

Children with Erb's Palsy can receive compensation for future medical expenses and treatment. These funds can aid families to cope with this birth injury.

Your lawyer will examine your medical documents and determine what your case is worth. The lawsuit will be filed and the defendants have 30 days to respond.

Medical Records

It can be devastating to a family when a child suffers from Erb's palsy. The condition can cause swelling, pain and disability that can affect a child's ability to use their hand for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for their losses.

The first step in filing the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may require consultation with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will give their opinion on whether the Erb's Palsy in your child was the result of an error in medical treatment or natural cause.

Erb's palsy can be caused by many factors. The most frequent cause is when a doctor uses too much force during labor and birth. This can cause stretching or tears to brachial nerves and cause the condition. There are a variety of techniques doctors can employ to prevent this. It is important to contact an attorney immediately if your child was diagnosed with this birth defect. A successful claim could be able to pay for medical bills and other costs related to the injury. This can help alleviate financial burdens and Erb's palsy attorney improve your child's quality of life.

Expert Witness Reports

A medical professional is required to evaluate your Erb's palsy case. They will provide their opinion on what caused the injury and whether it was caused by negligence by a doctor. The expert will also help you determine the extent of your injuries and how they could affect your future life.

Erb's Palsy is caused by birth injuries to the brachial plexus. It is more common when vaginal births are occurring, but can also occur during csections. The injury is often caused when doctors must move the baby's shoulders in order to facilitate the delivery. The procedure can tear and stretch the nerves of the armpit creating permanent damage.

In certain instances, the injury can be corrected through surgery, but it could still cause issues. Children with this condition may not be able their hands or use their arms. This can impact their well-being, especially if they are unable to perform everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons and muscles to support weaker ones.

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

Documentation

Erb's lawsuits for palsy help families obtain compensation for injuries suffered by their children. They can also stop further medical errors by holding accountable parties liable. Our lawyers have the resources and experience to examine the injury of your child and determine if a medical professional's negligent actions caused it.

One of the most frequent 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 delivery. This could be due to the improper use of vacuum extractors or forceps as well as a long labor which causes stress on a baby's head and shoulders or shoulder dystocia.

Some babies with Erb’s palsy can fully recover and be capable of moving their arms normal. However, some babies suffer permanent nerve damage and will suffer from disability for the duration of their lives. Thankfully, the majority of cases of erb's palsy lawsuits paralysis can be prevented and are the result of medical inattention during labor and birth.

Our lawyers will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) after they have gathered all the medical records and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions as well as additional medical documents. Expert opinions are also provided. The majority of the Erb's palsy cases end in settlements, but we're prepared to take your case to trial if needed.

Trial preparation

The final stage of seeking compensation for a child's brachial plexus injury is presenting evidence to a judge or jury. Your Erb's Palsy lawyer will attempt to prove that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyer representing the defendant will attempt to convince a jury or Erb's palsy attorney judge that they were able to act in a reasonable manner.

In most cases, the parties reach an agreement prior to trial. The intention is to satisfy both parties' interests and end the lawsuit. The plaintiffs will receive an amount of money in one lump and the lawsuit will come to an end. The amount of compensation received is based on the severity the injury and how much medical treatment will be required in the future.

Families with children who have brachial plexus injury often struggle to pay for the expenses. The financial compensation offered by an Erb's Palsy lawsuit may assist families with the costs they could incur in order to treat their children's condition. It can also cover lost wages if the injury affects a child's future ability to work. It can also help alleviate the physical and emotional burden of being a victim of an injury that can have a profound impact on the life of a child. An experienced Erb's palsy attorney can help families pursue the damages they are entitled to.