Erb's Palsy Attorneys

Parents of children with Erb's palsy often have questions about whether medical negligence was the cause in the condition of their child. The injury may result due to excessive pulling on the brachial-plexus, a bundle of shoulder nerves.

A knowledgeable attorney can assist victims to receive financial compensation. A settlement may cover future medical treatment, therapy, and surgery.

Compensation

It can cost a lot to raise and care for children with Erb's palsy. An attorney can assist families receive the compensation needed to cover these expenses. This includes money for medical expenses such as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit could bring medical professionals who were negligent to blame. This can help them avoid making the same mistake again in the future. Legal action can provide families with a sense of closure and justice after they had their child's world turned upside down due to an injury to their birth.

Erb's Palsy can occur when babies are injured by the brachial-plexus nerves while being delivered. These injuries are typically caused by excessive pulling or stretching of the baby's neck and shoulders during birth. This could result from the improper use of tools, such as vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders in order to treat any complications.

If a doctor fails to properly prepare and manage complications during birth, it can result in an Erb's Palsy lawsuit. An attorney can make the process as stress-free as possible for the family. They can collect hospital records, witness statements and more to build a solid case on the behalf of the family. They can also negotiate with the opposing side to reach a fair settlement.

Statute of Limitations

The law obliges families to submit a lawsuit within a certain time frame after the injury of their child. The statutes of limitations for each state may differ. Kansas for instance, requires a family to file a case within two years from the birth of their child injured. Some states have deadlines that are longer, and it is important to talk with an experienced Erb's palsy attorney as soon as you can in order to ensure your family can file an claim within the proper timeframe.

Your legal team will file an official complaint against those who are responsible for your child's Erb palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorney will collect evidence to prove that there was medical malpractice and the injuries could have been avoided. They will go through the medical records of your child and gather expert witness testimony to prove your case.

Based on the circumstances your Erb's friend's lawyer may negotiate a settlement or take the case to trial. Settlements typically provide faster access to compensation than a trial would. It isn't guaranteed that the settlement amount will be fair to you and your family. Your lawyer will do everything possible to get you the maximum compensation.

Filing a Lawsuit

The procedure for filing a lawsuit varies by state, but generally, attorneys look over the case's details and the facts as part of a free legal evaluation. They will then inform the client whether or not they have a case.

If the lawyer is convinced that a claim has merit the lawyer will send an email to the doctor asking for compensation. The amount sought will be determined based on the extent of the injuries and the cost to treat. Most Erb's palsy attorneys will suggest settling out of court to accelerate the process and avoid a lengthy trial.

If the lawsuit is successful, it will be able to award families financial compensation to pay for the treatment of their child. By requiring healthcare professionals to be accountable for their negligence, they will also help keep future children from suffering the same fate.

A lawsuit will comprise two lawyers who argue on behalf of their clients. They will try to convince a jury or judge the healthcare provider for their client acted properly and in a fair manner, while the lawyers representing the defendant will argue that. The case will be argued should a settlement not be reached. The length of a trial depends on the amount of evidence offered and the complexity. However most cases are settled outside of court. This is because trial proceedings can add significant amount of time to the legal process and may result in no compensation if a judge or jury does not accept the plaintiff's arguments.

Mediation

When a child is born with Erb's Palsy parents are faced with an entire life of medical expenses and other expenses. These costs are likely to increase quickly and create financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents to seek fair compensation.

Damage to the brachial nerves which run through the neck and into the arm can be the cause Erb's syndrome. These nerves can become injured in a variety of ways, including by pulling too hard on the baby's shoulders and head during the birth. Erb's syndrome can be caused by forceps used during delivery. In the course of a delivery physician may pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.

Shoulder dystocia occurs when baby's shoulders get stuck behind the mother's cervical cervix. In these cases the doctor may attempt to free the infant's shoulders by pulling more forcefully on the head and shoulders or by using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. It is possible for a doctor identify risk factors that could cause shoulder dystocia, and take preventative measures. When a doctor fails to do this they may be held accountable for an Erb's symptotic claim.

Plaintiffs must show that the defendant's deviation from the accepted procedure caused the injury in order to prove that there was malpractice. Defendants will often claim that shoulder dystocia is caused by a variety of unrelated factors, such as abnormalities of the baby's positioning or intrauterine malformations.