Erb's Palsy Attorneys

Children who develop Erb's Palsy often have concerns about whether medical negligence played a part in the development of their child's condition. The injury can result from excessive pulling on a ring of nerves located in the shoulders known as the brachial nerve.

An experienced attorney can assist victims to receive financial compensation. A settlement may cover treatment, surgery, or future medical treatments.

Compensation

It can be costly to raise and care a child who has Erb's Palsy. An attorney can help families get the money they need to cover these expenses. This includes money to pay for medical costs, physical and occupational therapy as well as adaptive devices, emotional support, and many other costs.

A successful lawsuit can also hold negligent medical professionals accountable. This will prevent them from making similar mistakes in the future. Legal actions can give families a satisfaction and closure after their child's entire life has been changed by a birth injury.

If a baby is afflicted with an injury to the brachial plexus nerves in delivery, it can cause Erb's palsy. These injuries are typically caused due to excessive pulling or stretching of the baby's shoulders and head during delivery. This could be due to the improper use of tools during labor, such as a vacuum extractor or forceps, or it may occur when doctors try to treat issues by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a physician does not properly prepare and manage any complications that might arise during the birth of a child. An attorney can work to make the process as painless as is possible for the family. They can gather hospital records, witness statements and more to create a strong case on the behalf of the family. They can also negotiate an equitable settlement with the other party.

Statute of limitations

The law obliges families to file a lawsuit within a set time after their child's injury. State-specific statutes of limitations can differ. Kansas for instance, requires that families file a claim within 2 years from the birth of a child who was injured. Certain states have longer deadlines. It is imperative to seek out a reputable Erb's palsy lawyer as soon as you can, to ensure that your family is able to file their claim within the required time frame.

Your legal team will bring a lawsuit against those responsible for your child's condition, Erb's palsy. Your obstetrician and other medical professionals could be named as defendants, along with the hospital where the incident occurred. During the discovery phase, your lawyers will gather evidence to prove that there medical malpractice occurred and that the injuries could have been prevented. They will look through the records of your child and collect expert evidence to support your claim.

Your Erb's Palsy attorney will negotiate settlements based on your particular situation or take the case to court. A settlement typically gives faster access to compensation than a trial could. It isn't certain that the amount of settlement will be fair to your family. Your lawyer will do everything to secure the maximum amount of compensation.

Filing an action

The process for filing a lawsuit is different by state, but generally, a lawyer will examine the case's details and the facts as part of an initial legal evaluation. They will then inform the client whether or not they have an issue.

If a claim is deemed to be viable the lawyer will send the doctor a demand letter asking for financial compensation. The amount sought will be determined based on the severity of the injury and what they will cost to treat. The majority of Erb's palsy lawyers will suggest settling out of court to accelerate the process and avoid a lengthy trial.

If the lawsuit is successful, it will provide families with cash compensation to pay for their child's treatment. They will also help keep other children from suffering the same fate, by making healthcare professionals accountable for their negligence.

Two teams of lawyers will argue on behalf of the clients in the course of a lawsuit. They will try to convince a judge or jury the healthcare provider who treated their client in a reasonable and ethical manner, whereas the lawyers of the defendant will argue for a different position. The case will be heard if a settlement is not reached. The length of the trial will depend on the amount of evidence offered and the amount of evidence presented. The majority of cases are settled out of court. A trial can take a long time and result in no compensation for the plaintiff if the judge or jury do not agree with their argument.

Mediation

If a child is born with Erb's Palsy parents are confronted with an entire life of medical expenses and other expenses. These costs can quickly add up and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents obtain an equitable amount of compensation.

The reason for Erb's palsy is the damage to the brachial plexus nerves which originate from the spinal cord down the neck before reaching the arm. These nerves are susceptible to injury in different ways that include excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can also arise from the use of forceps during the delivery. When delivering, a doctor might pull too hard or stretch the shoulder to dislodge it from the birth canal and cause damage to the brachial plexus.

Shoulder dystocia happens when a baby's shoulders become stuck behind the cervical cervix of the mother. In these cases the doctor might try to remove the shoulder by pulling on the shoulders or head or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. It is possible for a doctor recognize risk factors that may cause shoulder dystocia and take preventative measures. A doctor who fails to take this step could be held responsible for Erb's Palsy claims.

To establish malpractice in a lawsuit, plaintiffs must establish that the defendant's departure from the accepted practice directly caused the injury. Defendants often claim that there were unrelated causes of the child's shoulder dystocia, for example issues with the baby's posture or intrauterine malformations.