Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can receive compensation for future medical bills and treatments. These funds can help families cope with the birth injury.

Your lawyer will review your medical records and determine how much your case is worth. They will then file the lawsuit and give the defendants 30 days to respond.

Medical records

It can be a devastating experience for a family when a child is diagnosed with Erb's Palsy. The condition can cause swelling, pain and impairment that can hinder a child's ability to use their hands for basic tasks, such as playing sports or even buttoning their shirt. A knowledgeable Erb's Palsy lawyer can assist families to receive compensation for the losses they have suffered.

The first step to filing a claim for medical malpractice is to gather evidence of negligence. This includes medical documents and witness statements. The attorney will review the documents and may have consult with experts in obstetrics and anesthesia, and orthopedic surgery. These experts will offer their opinions on whether erb's palsy attorneys palsy in your child is due to an undiagnosed medical issue or natural cause.

Erb's Palsy is caused by a variety of factors. The most common cause is when a doctor uses excessive force during labor and birth. This can cause strain or tear to brachial nerves causing the condition. There are techniques that doctors can employ to avoid this. It is important to contact an attorney right away if your child was diagnosed with this birth defect. A successful lawsuit could assist in paying for medical expenses and other expenses relating to the injury. This will reduce the financial burden of your child and enhance their quality of life.

Expert witness reports

A medical professional will be required to evaluate your Erb's palsy case and give an opinion about the cause of the injury, and if it was caused by the negligence of a doctor. The expert can also help you determine how serious your injuries are and how they might affect your future.

Erb's Palsy is caused by an injury that occurs during birth to the brachial plexus. It is more prevalent in vaginal births but can happen during C-sections. This type of injury occurs when doctors move the shoulders of a baby in order to facilitate delivery. The process can pull or tear the nerves in the armpit, leading to permanent damage.

In certain cases the injury can be corrected through surgery, but it may still cause problems. Children who suffer from this condition may not be able use their arms or raise their hands. This can impact their well-being, especially those who are unable engage in sports or perform daily tasks. Certain people can benefit from muscle transfer surgery in which surgeons place stronger muscles or tendons that support weaker ones.

Your lawyer will gather as the evidence you can, and send it to the lawyers of the defendants. The defendants have 30 days to respond. The court will then schedule your Erb's Palsy trial.

Documentation

Families can seek compensation for the harm their children sustained through filing Erb's Palsy lawsuits. They also help prevent future medical errors by holding responsible parties accountable. Our lawyers have the experience and resources to thoroughly investigate your child's situation and determine if a medical professional's negligence led to the brachial plexus injury.

One of the most common instances of medical malpractice that causes Erb's syndrome is when a doctor pulls too hard on a baby's head, neck, arms, or shoulders during labor and birth. This could be due to the improper use of vacuum extractors or forceps or a prolonged labor that causes stress on a baby's shoulders and head, or shoulder dystocia.

Some babies with Erb’s palsy will recover completely and be able to move their arms again. Some babies are permanently affected by nerve damage, and may be disabled for the rest of their lives. Thankfully, most cases of Erb's syndrome can be prevented and are the result of medical negligence during labor and delivery.

Once the medical records and other evidence have been collected, our attorneys will file a lawsuit against the defendants, which is usually the hospital or doctor that was involved in your child's birth. Once the lawsuit has been filed, the discovery process will begin. This will include depositions as well as additional medical documents, as well as expert opinions. Most Erb's palsy lawsuits end in settlement, however we are prepared to pursue your case all the way through trial if needed.

Trial preparation

The final step in pursuing compensation for injuries to the brachial plexus in children is to make arguments before a judge or jury. Your Erb's palsy lawyer will try to establish that the healthcare professional did not act in a reasonable way under a specific set of circumstances, while lawyers for the defendant will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties will agree to a settlement prior to trial. The goal of the settlement is to satisfy both parties' needs and stop the lawsuit. The plaintiffs will receive a lump sum of money and the lawsuit will end. The amount of the compensation depends on the severity of the injury and how much medical care is required in the future.

Families with children with brachial plexus injuries often struggle to pay for the expenses. Financial compensation from an Erb's palsy lawsuit could assist families with the costs they may incur for treating their children's condition. It can also cover lost wages if the condition affects a child's future ability to work. It also helps to ease the physical and emotional burden of having an injury that can have an immense impact on a child's life. An experienced attorney from Erb's palsy can assist families in pursuing the compensation they deserve.