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Erb's Palsy Litigation

Children with Erb's Palsy can be compensated for future medical expenses and treatment. These funds can help families cope emotionally with this birth injury.

Your lawyer will look over your medical documents and determine what 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 families if a child suffers from Erb's palsy. The condition can cause swelling and pain, which can make it difficult for a child to perform basic tasks like playing sports or buttoning their shirt. A lawsuit filed by a skilled Erb's palsy lawyer can help families get compensation for their losses.

The first step in filing the medical malpractice claim is to collect evidence of negligence. This includes medical records and witness statements. Your attorney will look over the documents and may need to consult experts in obstetrics, anesthesia and obstetrics, and orthopedic surgery. These experts will provide their opinions on whether your child's Erb's ailment was the result of an error made by a doctor, or due to natural causes.

Several factors can lead to Erb's palsy due to a variety of causes. Most often, a doctor is prone to using too much force when they perform labor and delivery. This can cause stretching or tears to the brachial plexus nerves leading to the condition. Fortunately, there are specific techniques that physicians can employ to stop this from happening. You should consult with an attorney immediately if your child was diagnosed with this birth defect. A successful case could assist in paying for medical expenses as well as other costs associated with the injury. This can reduce the financial burden and improve your child's quality of life.

Expert Witness Reports

A medical expert will be required to look over the case of Erb's Palsy and provide an opinion on what caused the injury and whether it was caused by a doctor's negligence. The expert will also assist you to determine the severity of your injuries and how they could impact your life in the future.

Erb's Palsy is caused by an injury from birth to the brachial plexus. It is more prevalent in vaginal births, but can occur during c-sections. The injury is usually caused by doctors who have to move a baby's shoulders around to facilitate delivery. The process may pull or tear the nerves in the armpit, causing long-term damage.

In some cases the injury can be corrected with surgery, but it can still cause issues. Children with this condition may not be able their hands or use their arms. This could affect their living quality and, in particular, if it stops them from playing sports or performing everyday tasks. Some people can benefit from muscle transfer surgery that involve the surgical placement of stronger muscles or tendons to support the weaker ones.

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

Documentation

Families can claim compensation for the harm their children sustained by filing a lawsuit for Erb's Psy. They also can prevent future medical errors by holding responsible parties liable. Our lawyers have the knowledge and resources to fully examine your child's medical history and determine if a medical professional's negligence led to a brachial plexus injury.

Erb's palsy may be caused by a physician pulling too hard on the baby's neck, head, or shoulders during the delivery. This could be due the improper use of vacuum extractors or forceps, a long labor that causes stress on a baby's head and shoulders or shoulder dystocia.

Some babies suffering from Erb's palsy recover completely and can move their arm in a normal way. Some babies suffer permanent nerve damage, and will be disabled for the rest of their lives. Most cases of Erb's paralysis can be prevented and are the result of medical malpractice during labor and delivery.

Our attorneys will file a suit against the defendants (usually the doctor or hospital involved in the birth of your child) after they have gathered all the medical documents and evidence. After the lawsuit is filed, the discovery process will begin. This includes depositions as well as additional medical documents. erb's palsy law firm pasadena are also included. The majority of cases filed against Erb's & Palsy are settled, but we may bring your case to trial if needed.





Trial preparation

The final step to pursue compensation for injuries to the brachial plexus in children is to present arguments before a judge or jury. Your Erb's lawyer will try to show that the healthcare professional did not perform their duties in a particular set of circumstances, and the defendant's attorneys will try to convince the jury or judge that the healthcare professional acted in a reasonable manner.

Typically, the parties reach a settlement before trial. The goal of the settlement is to satisfy both parties' needs and stop the lawsuit. The plaintiffs will receive the money in a lump sum and the lawsuit will be closed. The amount of compensation depends on the severity and medical requirements of the injury.

Parents of children suffering from brachial plexus injuries are faced with significant costs and often struggle to cover these costs. A lawsuit against Erb's Palsy could provide financial compensation to families who may have to pay for the treatment of their children's condition. It can also cover lost wages if the injury impacts a child's ability to work. Finally, it can help deal with the emotional and physical anxiety of living with a life-altering birth injury. A family attorney with experience in Erb's Palsy can assist families to receive the compensation they deserve.