Erb’s Palsy Litigation

Children with Erb’s Palsy can receive compensation for future medical bills and treatments. These funds can help families cope with the trauma of birth.

Your lawyer will review your medical records and determine how much your case is worth. The lawsuit will be filed, and the defendants will have 30 days to respond.

Medical records

It can be a major blow to families when a child is diagnosed with Erb’s Palsy. The condition can cause swelling, pain and disability that could affect a child’s ability to use their hands to perform basic tasks such as playing sports or even buttoning their shirt. A lawsuit filed by a skilled erb’s palsy law firms palsy lawyer could help families recover compensation for their losses.

The first step to file an action for medical malpractice is to gather evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may even need to consult with experts in obstetrics, anesthesia and orthopedic surgery. Experts will give their opinion on whether the child’s Erb’s ailment was caused by a doctor’s error or due to natural causes.

There are many factors that can trigger Erb’s Palsy in a variety of ways. The most common cause is that a doctor will use too much force when performing labor and delivery. This can cause stretching or tears to brachial nerves and cause the condition. Fortunately, there are specific methods that doctors can use to prevent this from occurring. It is recommended to speak with an attorney right away if you suspect that your child was diagnosed with this birth defect. A successful claim could assist in paying for medical expenses and other expenses related to the injury. This can ease the financial burden and improve your child’s 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 due to negligence by a physician. The expert will also help determine the severity of your injuries and how they may impact your life in the future.

Erb’s Palsy is caused by birth injuries to the brachial plexus. This is more frequent during vaginal births, but can also happen during c-sections. The injury is typically caused when doctors have to move the baby’s shoulders in order to facilitate delivery. The process can stretch or tear the nerves in the armpit, causing long-term damage.

In some instances injuries can be corrected through surgery, but it can still cause issues. Children suffering from this condition may not be able to raise their hands or use their arms. This can impact their quality of life, especially if they are unable to participate in sports or carry out everyday tasks. Some people can benefit from muscle transfer surgery where surgeons insert stronger muscles or tendons to help support the weaker ones.

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

Documentation

Families can seek compensation for the harm their children sustained through filing Erb’s Palsy lawsuits. In addition, they can prevent future medical mistakes by holding those responsible accountable. Our lawyers are equipped with the resources and experience to investigate your child’s injuries and determine if the negligence of a medical professional caused the injury.

One of the most common instances of medical malpractice causing Erb’s syndrome is when a doctor pulls too hard on a baby’s head neck, arms, Erb’s palsy lawsuits or shoulders during labor and birth. This could be due the incorrect use of forceps or vacuum extractors as well as a long labor which results in stress on a baby’s head and shoulders or shoulder dystocia.

A few babies with Erb’s paralysis recover completely and are able to move their arm normally again. Some babies suffer permanent nerve damage, and will be disabled for the rest their lives. Thankfully, the majority of cases of Erb’s palsy are preventable and a result of medical negligence during labor and delivery.

After the medical records and other evidence have been collected, our attorneys will file a lawsuit against the defendants, which is usually the doctor or hospital involved in your child’s birth. The discovery process begins once the lawsuit has been filed. This could include depositions, other medical records, and expert opinions. Most Erb’s palsy lawsuits end in settlements, but we are prepared to take your case to trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to argue before a judge or Erb’s Palsy Lawsuits jury. Your Erb’s palsy lawyer will try to establish that the healthcare professional failed to act reasonably in a specific set of circumstances, and lawyers for the defendant will try to convince the judge or jury that the healthcare professional behaved reasonably.

In the majority of instances, the parties reach an agreement before trial. This is designed to satisfy the needs of both parties and bring the litigation to an end. The lawsuit will be ended when the plaintiffs receive a lump-sum of money. The amount of compensation depends on the severity of the injury and the amount of medical treatment will be required in the future.

Parents of children with brachial plexus injuries are faced with significant expenses and often have to cover them. Financial compensation from an Erb’s palsy lawsuit can assist families with the costs they might incur in treating their children’s condition. It can also pay for lost wages if the condition impacts a child’s ability to work. In addition, it helps to ease the emotional and physical anxiety of living with a life-altering birth injury. A family attorney with experience in the field of Erb’s Palsy will assist families in obtaining the compensation they are entitled to.