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Erb's Palsy Litigation

Children suffering from Erb's 'Pasty' can be compensated for future medical expenses and treatment. These funds can aid families to cope with this birth injury.

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

Medical Records

It can be a devastating experience for the family of a child who is diagnosed with Erb's Palsy. The condition can cause swelling and pain that can make it difficult for children to do everyday tasks such as playing sports or buttoning their shirt. A lawsuit filed by an experienced Erb's palsy lawyer can help families receive compensation for their losses.

The first step in filing the medical malpractice claim is to collect evidence of negligence. This includes medical records as well as witness statements. Your lawyer will go through these documents and may require consultation with experts in obstetrics and anesthesia as well as orthopedic surgery. These experts will give their opinion on whether your child's Erb's palsy was the result of a doctor's error or due to natural causes.

There are many factors that can trigger Erb's palsy. The most common reason is when a doctor uses excessive force during labor and delivery. This can stretch or tear the brachial plexus nerves which can cause the condition. There are fortunately, specific techniques that physicians can employ to prevent this from occurring. If your child has been diagnosed with this birth injury, you must consult a lawyer right away to make a claim. The benefits of a successful claim will help pay for your child's medical bills and other costs related to the injury. This can help reduce the financial burden and improve your child's quality of life.

Expert Witness Reports

A medical professional will be required to examine your case of Erb's palsy and give a final opinion on the cause of the injury and if it was due to the negligence of a doctor. The expert will also be able to help you determine how serious your injuries are and how they could affect your future.

Erb's Palsy can be caused by birth injuries 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 newborn in order to facilitate delivery. The procedure can tear and stretch the nerves in the armpit creating permanent damage.

The injury can sometimes be repaired with surgery, but can still cause complications. Children with this condition may not be able to lift their hands or use their arms. This could negatively impact their living quality, especially if it prevents them from participating in sports or carrying out everyday tasks. Some people are able to benefit from muscle transfer surgeries, in which surgeons implant stronger muscles or tendons to support weaker ones.

Your lawyer will collect as any evidence as you can and forward it to the attorneys of the defendants. The defendants will then have 30 days to respond to your claim. After this, the court will schedule your Erb's Palsy lawsuit for trial.

Documentation

Families can seek compensation for the injuries they suffered as children by filing Erb's Palsy lawsuits. In addition, they can keep medical errors from happening again by holding the accountable parties accountable. Our lawyers have the experience and resources needed to investigate the injuries of your child and determine whether the negligence of a medical professional caused it.

Erb's Palsy is often caused by a doctor pulling too hard on the baby's neck, head, arms or shoulders during the birth. This could be due to the incorrect use of forceps or vacuum extractors or a prolonged labor that creates stress on a baby's shoulders and head, or shoulder dystocia.

Some children with Erb's Palsy recover completely and will be capable of moving their arms again. Some babies develop permanent nerve damage and will be disabled for the rest their lives. Fortunately, the majority cases of Erb's palsy are preventable and a result of medical mistakes during labor and delivery.

Our lawyers will file a suit against the defendants (usually the doctor or hospital that was involved in the birth of your child) once they have collected all the medical records and evidence. Once the lawsuit has been filed, the process of discovery will begin. This includes depositions and additional medical documents. Expert opinions are also available. Most Erb's palsy lawsuits end in settlement, but we are prepared to pursue your case to trial if needed.

Trial preparation

The final step in seeking compensation for injuries to the brachial plexus suffered by children is to present arguments before a judge or jury. Your Erb's palsy lawyer will attempt to prove that the healthcare professional did not act in a reasonable way under a specific set of circumstances, while the attorneys representing the defendant will attempt to convince the judge or jury that the healthcare professional was acting reasonably.

Typically, the parties will reach a settlement before trial. This is done to satisfy the needs of both parties and bring the litigation to an end. The lawsuit will end when the plaintiffs receive a lump-sum of money. The amount of money awarded will depend on the severity and future medical needs of the injury.

Families with children with brachial-plexus injuries are often unable to cover the costs. Financial compensation from an Erb's Palsy lawsuit may assist families with the costs they might incur in treating their children's illness. It also helps to cover lost wages if an injury has a negative impact on a child's ability to work in the future. It can also help alleviate the emotional and physical anxiety of living with a life-altering birth injury. An experienced attorney from Erb's palsy will assist families in pursuing the damages they deserve.