Erb's Palsy Attorneys

Parents of children suffering from Erb's palsy are often worried about whether medical negligence was the cause of their child's condition. The injury can be caused by excessive pulling on a bundle of nerves in the shoulder called the brachial plexus.

An experienced attorney can assist victims receive financial compensation. Settlements can cover future medical treatments or therapy as well as surgery.

Compensation

It can be expensive to raise and care for a child who has Erb's Palsy. A lawyer can help families get the money they need to pay for these expenses. This includes money to pay for medical expenses, physical and occupation therapy and adaptive devices, emotional support, and many other costs.

A successful lawsuit could also be able to hold negligent medical professionals accountable. This can prevent them from making the same mistake in the future. Taking legal action can provide families with a sense of peace and closure after having had their child's world turned upside down by an injury at birth.

Erb's spalsy can happen when a baby is injured by the brachial-plexus nerves when being delivered. These injuries can be caused by excessive stretching or pulling of the baby's head and shoulders during labor. This could be caused by the improper use of tools, such as vacuum extractors or forceps during labor. It could also happen when doctors push on the baby's shoulders to treat any complications.

Erb's Palsy lawsuits can be filed if a doctor is unable to properly prepare and manage any complications that might arise during childbirth. A lawyer can make the process as simple as possible for the family. They can collect hospital records, witness testimony, and more to create an argument that is strong on the family's behalf. They can also negotiate with the opposing side to negotiate a fair settlement.

Statute of Limitations

Families are required by law to file a lawsuit within the time frame specified after their child has been injured. The statute of limitations may differ by state. Kansas for instance, requires families to file a claim within two years of the birth of their child who was injured. Some states have longer deadlines and it is essential to speak with a reputable Erb's palsy attorney as soon as you can to ensure that your family is able to file a claim within the required window.

Your legal team will bring a lawsuit against the parties responsible for your child's condition, Erb's palsy. The defendants could include your obstetrician as well as 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 medical malpractice occurred and that the injuries could have been prevented. They will go through your child's medical records and gather expert witness testimony to prove your case.

Depending on the situation, your Erb's palsy lawyer can make a deal or take the case to trial. A settlement usually allows for compensation to be received faster than the time required for a court trial. However, it's not guaranteed that your family will get a fair settlement amount. Your lawyer will do everything in his power to ensure you receive the highest amount of compensation.

Filing an action

The process of filing a lawsuit is different for each state, but it usually begins with an attorney reviewing the case details and facts during a no-cost legal case assessment. They will then inform the client if they have an issue.

If the lawyer believes that a claim has merit and merits consideration, he will write a letter to the doctor requesting compensation. The amount requested will be determined based on the severity of the injury and the amount they will cost to treat. The majority of Erb's palsy lawyers will recommend settling the case outside of court to accelerate the process and avoid a lengthy trial.

Lawsuits that are successful will award families with the financial compensation they need to pay for the child's medical treatment. They also will help prevent other children from being affected by the same fate by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will consist of two lawyers arguing on behalf their clients. They will try to convince a judge or jury the healthcare provider of their client acted sensibly and with a sense of fairness, while the lawyers representing the defendant will argue for a different position. The case will be tried when a settlement isn't reached. The length of the trial will be determined by the amount of evidence that is presented and the complexity of the case. Most cases are settled out of court. This is because a trial can add a significant amount of time to the legal process and may result in no compensation for the plaintiff if the jury or judge does not support the plaintiff's case.

Mediation

If a child is born with Erb's Palsy parents are faced with an entire lifetime of medical treatment and other costs. The costs can quickly add in the future and put financial pressure on a family. Brooklyn Erb's Palsy lawyers can assist parents to seek an equitable amount of compensation.

The root cause of Erb's syndrome is damage to the brachial plexus nerves, which originate from the spinal cord down the neck, and eventually into the arm. These nerves can become injured in many ways, including when you pull too hard on your baby's shoulders and head during delivery. Erb's Palsy may be caused by the use of forceps during delivery. During delivery, a doctor might pull or stretch the shoulder too far to free it from the birth canal. This could cause damage to the brachialplexus.

Some babies' shoulders are lodged behind the mother's cervix during vaginal birth (shoulder dystocia). In these cases the doctor might try to get rid of the shoulder by pulling the shoulders or head harder or using forceps. This can strain the brachial plexus nerves and cause Erb's palsy. It is possible for a doctor to identify risk factors that could cause shoulder dystocia and take preventative measures. If a doctor does not do this can be held responsible for claims related to Erb's 'Palsy.

In order to prove the malpractice in a lawsuit, plaintiffs must prove that the defendant's deviation from the accepted procedure proximately caused the injury. Defendants often claim that shoulder dystocia is caused by non-related factors, such as abnormalities of the baby's position, or intrauterine malformations.