Erb's Palsy Litigation

A child suffering from erb's palsy could be eligible for compensation to cover the cost of treatment and future medical expenses. These funds can help families cope with the birth injury.

Your lawyer will go through your medical records and determine how much your case is worth. The lawsuit is filed and defendants have 30 days to respond.

Medical Records

If a child is affected by Erb's syndrome, Erb's palsy lawyer it can be devastating for their family. The condition can cause pain, swelling and disability that may affect the child's ability to use their hands for basic functions like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can help families receive compensation for their losses.

The first step to filing a claim for medical negligence is to collect evidence of negligence. This includes medical records as well as witness statements. Your attorney will review the documents and may have consult with experts in obstetrics and anesthesia and orthopedic surgery. These experts will give their opinion on whether your child's Erb's syndrome was caused by 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 is when a doctor uses too much force during labor and delivery. This can tear or stretch brachial nerves causing the condition. Fortunately, there are specific methods that doctors can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, it is important to consult a lawyer right away to make a claim. A successful claim can assist in paying for medical expenses as well as other costs associated with the injury. This will help your child's financial burden and improve the quality of their life.

Expert witness reports

A medical expert will be required to evaluate your Erb's palsy case. They will give their opinion about what caused the injury, and whether or not it was caused by negligence by a doctor. The expert can also help you determine the severity of your injuries and how they will impact your future.

Erb's Palsy is caused by a birth injury to the brachial plexus. This occurs more often during vaginal births, but can also occur during c-sections. This type of injury occurs when doctors move the shoulders of a baby in order to facilitate delivery. The process can strain and tear the armpit nerves causing permanent damage.

In certain instances the injury can be corrected through surgery, but it can still cause issues. Children suffering from this condition may not be able use their arms or raise their hands. This could impact their health, especially those who are unable perform everyday tasks. Certain people might benefit from muscle transfers. These are when surgeons insert stronger tendons or muscles to help weaker ones.

Your lawyer will collect as the evidence you can and send it to the lawyers of the defendants. The defendants have 30 days to respond. After that the court will set a date for your Erb's Palsy lawsuit for trial.

Documentation

Erb's lawsuits for palsy help families receive compensation for injuries sustained by their children. They also help prevent future medical errors by holding accountable parties accountable. Our lawyers have the knowledge and resources to examine the injury of your child and determine whether the negligence of a medical professional caused the injury.

Erb's Palsy is often caused by a doctor who pulls too hard on the baby's neck, head, arms or shoulders during the delivery. This may be due to the improper use of forceps or vacuum extractors and a long labor that puts stress on the baby's shoulders and head, or shoulder dystocia.

Some babies with Erb's palsy recover completely and are able to move their arm in a normal way. However, some babies suffer permanent nerve damage and suffer from a disability for the duration of their lives. Thankfully, most cases of Erb's Palsy are preventable and the result of medical carelessness during labor and delivery.

Our lawyers will file a lawsuit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all the medical documents and evidence. The discovery process starts after the lawsuit has been filed. This will include depositions as well as additional medical documents, and expert opinions. The majority of Erb's Palsy lawsuits end with a settlement, but we are prepared to pursue your case all the way through trial if needed.

Trial preparation

The final step to pursue compensation for a child's plexus brachial injury is presenting arguments to a judge or jury. Your Erb's Palsy lawyer will attempt to establish that the healthcare provider did not behave in a reasonable manner under a specific set of circumstances. The lawyers representing the defendant will try to convince a jury or judge that they acted reasonably.

In the majority of cases, the parties come to an agreement before the trial. This is designed to satisfy the needs of both sides and bring the case to an end. The lawsuit will be concluded when the plaintiffs receive a lump sum of money. The amount of compensation depends on the severity and medical needs of the injury.

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to cover the costs. Financial compensation from an Erb's palsy lawsuit can help families pay for the expenses they may incur for treating their children's illness. It also helps cover lost wages if the injury hinders the child's ability to work in the future. Finally, it can help alleviate the emotional and physical stress of living with a life-altering birth injury. An experienced Erb's palsy attorney will assist families in pursuing the damages they are entitled to.