Erb's Palsy Litigation

A child suffering from erb's palsy may receive compensation to cover future medical costs and treatment. These funds can also help families deal with the emotional trauma that comes from this birth injury.

Your lawyer will examine your medical documents and determine what your case is worth. The lawsuit is filed and defendants have 30 days to respond.

Medical Records

If a child has Erb's palsy, it could be devastating for the family. The condition can cause pain, swelling and disability that can affect a child's ability to use their hand 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 in filing a claim for medical malpractice is to gather evidence of negligence. This includes medical records and witness statements. Your attorney will review the documents and may need to consult experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will provide their opinion on if Erb's ailment in your child was the result of an error in medicine or natural cause.

There are many factors that can trigger Erb's paralysis in various ways. Most commonly, a doctor may use excessive force during labor and Erb's palsy lawyer delivery. This can tear or stretch brachial nerves and cause the condition. There are strategies that doctors can employ to avoid this. It is important to contact an attorney as soon as your child was diagnosed with this birth defect. Compensation from a successful claim will pay for the medical bills of your child as well as other costs related to the injury. This will help your child's financial burden and improve their quality of life.

Expert witness reports

A medical professional is required to evaluate your Erb's palsy case. They will give their opinion on the reason for the injury and whether it was caused by negligence by a physician. The expert will also help determine the severity of your injuries and how they might affect your future life.

Erb's Palsy is caused by a birth injury to the brachial plexus. This is more prevalent during vaginal births, but may also occur during c-sections. The injury usually occurs when doctors have to move a baby's shoulders to facilitate delivery. The process can pull or tear the nerves in the armpit, which can cause permanent damage.

In some instances the injury may be corrected with surgery, but it may still cause problems. Children suffering from this condition may not be able to raise their hands or use their arms. This can impact their quality of life, particularly when they are unable participate in sports or carry out everyday tasks. Certain people may benefit from the procedure of muscle transfer, in which surgeons implant stronger muscles or tendons to help support the weaker ones.

Your lawyer will collect as many evidence as 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 palsy lawsuits help families receive compensation for injuries to their children. They can also prevent further medical errors by holding accountable parties accountable. Our lawyers have the knowledge and resources to investigate the injuries of your child and determine if a medical professional's negligent actions caused it.

One of the most frequent 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 delivery. This may be due to the improper use of forceps or vacuum extractors or a prolonged labor that causes stress on a baby's shoulders and head or shoulder dystocia.

A few babies who suffer from tampa erb's palsy attorney paralysis recover completely and will be able to move their arms in a normal way. However, some babies suffer permanent nerve damage and suffer from a disability for the duration of their lives. Most cases of Erb's paralysis can be avoided and are caused by medical malpractice during labor and birth.

Once the medical records and other evidence is collected, our attorneys will start a lawsuit against defendants, which are typically the hospital or doctor involved in the birth of your child. The discovery process starts after the lawsuit has been filed. This includes depositions, further medical documents, and expert opinions. Most Erb's palsy lawsuits end with a settlement, but we are prepared to pursue your case to trial if necessary.

Trial preparation

The final step in seeking compensation for brachial-plexus injuries in children is to argue before a judge or jury. Your Erb's lawyer will try to establish that the healthcare professional did not act in a reasonable way under a specific scenario, and the defense attorneys of the defendant will try to convince the jury or judge that the healthcare professional was acting reasonably.

In the majority of cases, the parties come to an agreement before the trial. The settlement is intended to satisfy both parties' needs and stop the lawsuit. The lawsuit will end when the plaintiffs receive a lump sum of money. The amount of compensation will depend on the severity and medical requirements of the injury.

Families with children with brachial-plexus injuries are often unable to pay for the costs. The financial compensation offered by an Erb's palsy lawsuit can aid families in paying for the costs they could incur in order to treat their children's condition. It may also cover lost wages if the condition impacts a child's ability to work. It can also help alleviate the physical and emotional strain of living with an injury that can have an immense impact on the life of a child. An experienced Erb's-Palsy attorney can assist families to pursue the damages they deserve.