Erb's Palsy Litigation

A child who has erb's syndrome may be eligible for compensation to pay for the cost of treatment and future medical expenses. The funds could also help families deal with the emotional trauma of this birth injury.

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

Medical Records

If a child is suffering from Erb's palsy, it could be devastating for their entire family. The condition can cause swelling, pain and disability that can affect the child's ability to use their hands for everyday tasks like playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families in obtaining compensation for the losses they have suffered.

The first step in submitting 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 the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. Experts will give their opinion on whether Erb's Palsy in your child is due to a medical error or natural causes.

A variety of factors can trigger Erb's palsy. Most often, doctors uses excessive force during labor and delivery. This can tear or stretch the brachial plexus nerves, leading to the condition. Fortunately, there are specific techniques that physicians can use to prevent this from happening. You should contact an attorney immediately if your child was diagnosed with this birth defect. A successful case could aid in the payment of medical bills and other costs related to the injury. This will help your child's financial burden and improve their quality of life.

Expert witness reports

An expert medical will be required to examine your Erb's palsy case. They will offer their opinion on the cause of the injury and whether it was caused by negligence by a physician. The expert can also help determine the severity of your injuries and how they will affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. This is more frequent when vaginal births are occurring, but may also occur during c-sections. This injury happens when doctors move the baby's shoulders to ease the delivery process. The process can stretch and tear the nerves in the armpit creating permanent damage.

In some instances the injury may be repaired with surgery, but it may still cause issues. Children with this type of injury may not be able use their arms or raise their hands. This can affect their living quality particularly if it hinders them from participating in sports or performing everyday tasks. Some people may benefit from muscle transfers. These are when surgeons implant stronger tendons or muscles to support weaker ones.

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

Documentation

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

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

Some children with Erb's Palsy recover completely and can move their arm normally again. However, other babies have permanent nerve damage and be handicapped for the rest of their lives. Fortunately, the majority cases of Erb's paralysis are preventable and a result of medical carelessness during labor and delivery.

Once the medical records and other evidence have been taken into consideration, our lawyers will file a lawsuit against the defendants, typically the hospital or doctor that was involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, as well as other medical records. Expert opinions are also included. The majority of Erb's palsy lawsuits result in settlement, however we are prepared to take your case to trial if necessary.

Trial preparation

The final step in seeking compensation for injuries to the brachial plexus in children is to present evidence before a judge or jury. Your Erb's palsy lawyer is going to try to prove that the healthcare professional failed to act reasonably in a specific set of circumstances, and lawyers for the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.

Typically, the parties will settle the case prior to trial. The settlement is intended to satisfy both parties' needs and also to close the case. The lawsuit will be concluded when the plaintiffs receive a lump-sum of money. The amount of compensation received depends on the severity of the injury and how much medical treatment will be required in the future.

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to pay for them. Financial compensation from an Erb's palsy lawsuit could help families with the expenses they could incur in order to treat their children's illness. It could also help cover the loss of wages if the condition can affect a child's future capacity to work. It can also help deal with the emotional and physical stress of living with an injury that can alter the course of life. A family attorney who has experience in Erb's Palsy can assist families to receive the compensation they are entitled to.