Erb's Palsy Litigation

Children who suffer from Erb's Palsy could be compensated for future medical expenses and treatment. The funds could also help families deal with the emotional trauma of this birth injury.

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

Medical Records

It can be devastating for families when a child has Erb's Palsy. The condition can cause pain and swelling, which can make it difficult for children to do everyday tasks such as playing sports or putting on their shirt. A knowledgeable erb's palsy lawyers Palsy lawyer can assist families in obtaining compensation for their losses.

The first step in filing a claim for medical negligence is to collect evidence of negligence. This includes medical records and witness statements. Your lawyer will scrutinize these documents and may need to consult with experts in obstetrics as well as anesthesia and orthopedic surgery. Experts will offer their opinion on whether the child's Erb's syndrome was the result of the error of a doctor or due to natural causes.

Erb's palsy can be caused by many factors. Most often, a doctor will use too much force when they perform labor and delivery. This can stretch or tear the brachial plexus nerves, leading to the condition. There are techniques that doctors can employ to avoid this. It is recommended to speak with an attorney as soon as your child was diagnosed with this birth defect. The compensation you receive from a successful lawsuit can be used to pay the medical bills of your child and other expenses associated with the injury. This can ease the financial burden and enhance your child's quality of life.

Expert witness reports

A medical expert will be required to look over your Erb's case and provide a verdict on what caused the injury and if it was caused by the negligence of a doctor. The expert will also help you determine the severity of your injuries and how they may affect your life in the future.

Erb's Palsy can be caused by birth injuries to the brachial plexus. This occurs more often in vaginal births, however it may also occur during c-sections. This injury happens when doctors move the baby's shoulders to ease delivery. The procedure can tear and stretch the nerves of the armpit creating permanent damage.

In some instances the injury can be corrected with surgery, but it may still cause problems. Children who suffer from this condition may not be able to use their arms or raise their hands. This can be detrimental to their daily living particularly if it hinders them from playing sports or carrying out everyday tasks. Certain people can benefit from a procedure called muscle transfer where surgeons insert stronger muscles or tendons that support weaker ones.

When you file a claim your lawyer will gather as much evidence as is possible and present it to defendants' attorneys. The defendants have 30 days to respond. After this the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Families can receive compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. They can also stop further medical errors by holding responsible parties accountable. Our lawyers have the knowledge and resources to thoroughly examine your child's case and determine whether a medical professional's negligence led to a brachial plexus injury.

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

Some babies with Erb’s palsy will fully recover and be able to move their arms in a normal way. However, other babies have permanent nerve damage and suffer from a disability for the duration of their lives. Most cases of Erb’s palsy can be prevented and are the result of medical malpractice during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or Erb's palsy lawsuits hospital involved in the birth of your child) after they have gathered all the medical documents and evidence. Once the lawsuit has been filed, the discovery process will begin. This includes depositions, additional medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlement, however we're prepared to take your case to trial if necessary.

Trial preparation

The final step in pursuing compensation for a child's plexus brachial injury is to present your case to a judge or jury. Your Erb's palsy lawyer will attempt to show that the healthcare professional did not perform their duties in a particular scenario, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties agree to a settlement prior to trial. This is designed to satisfy the interests of both parties and Erb's palsy lawsuits bring the lawsuit to an end. 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 and medical requirements of the injury.

Children with brachial plexus injuries face significant expenses and often have to cover these costs. Financial compensation from an Erb's Palsy lawsuit may help families pay for the expenses they may incur to treat their children's illness. It also helps cover lost wages if the injury impacts the ability of a child to work in the future. It can also assist in easing the emotional and physical stress of dealing with an injury that can have a profound impact on the life of a child. An experienced attorney for Erb's Palsy can help families pursue the damages they deserve.