Erb's Palsy Attorneys

Children with Erb's Palsy often worry about whether medical negligence was responsible for their child's condition. The injury could be caused by excessive pulling on a ring of nerves that run through the shoulders known as the brachial complex.

A knowledgeable attorney can assist victims to receive financial compensation. Settlements may pay for the cost of surgery, therapy, lawsuits or future medical treatments.

Compensation

It can cost a lot to raise and care for a child with Erb's palsy. An attorney can help families receive the financial aid needed to cover these costs. This includes funds for medical expenses including occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit can also be able to hold negligent medical professionals accountable. This can prevent them from making the same mistake in the future. Legal action can provide families with the sense of justice and closure for their child's life has been turned upside down due to an injury at birth.

Erb's spalsy can happen when the baby is injured due to the brachial-plexus nerves during being born. These injuries result from excessive stretching or pulling of the baby's head and shoulders during labor. This can result from the improper use of tools like vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders in order to treat any complications.

Erb's Palsy lawsuits can be filed when a doctor does not properly prepare and manage complications that may occur during the birth of a child. An attorney can help make the process as simple as is possible for the family. They can collect hospital records and witness statements to make an argument for the benefit of the family. They can also negotiate with the other side to negotiate an acceptable settlement.

Statute of Limitations

Families are legally required to file a lawsuit in the specified timeframe after their child was injured. The statute of limitations can vary by state. Kansas for instance, requires a family to file a claim within two years from the birth of their child who was injured. Certain states have deadlines that are extended. It is important to speak with a reputable Erb's palsy lawyer as quickly as you can, to ensure that your family is able to file their claim within the proper time frame.

Your legal team will submit a complaint to the parties accountable for your child's Erb's Palsy. The defendants could include your obstetrician, any other medical professionals, and the hospital where the injury occurred. During the discovery phase, your lawyers will collect evidence to prove that there medical malpractice occurred and that the injuries could have been prevented. They will search through the medical records of your child and gather expert testimony to back your case.

Your Erb's Palsy attorney will negotiate an agreement based on your specific situation or bring the case to the court. A settlement typically provides faster access to compensation than a trial could. However, it's not certain that your family will get a fair settlement amount. Your attorney will do all he can to ensure you receive the highest compensation.

Filing a Lawsuit

The process of filing a lawsuit varies from state to state, but it generally begins with an attorney reviewing the case's details and facts in a free legal case evaluation. The attorney will tell the client if they have a case that is valid.

If the claim is valid the lawyer will then send the doctor an email requesting financial compensation. The amount requested will be determined by the extent of the injuries and the cost to treat. The majority of Erb's palsy lawyers will suggest settling out of court to expedite the process and avoid lengthy trials.

Lawsuits that are successful will give families cash compensation to pay for the treatment of their child. They also will help prevent other children from suffering the same fate by the healthcare professionals held accountable for their negligence.

A lawsuit will comprise two lawyers arguing on behalf their clients. They will attempt to convince a jury or judge the healthcare provider who treated their client in a reasonable and ethical manner, whereas the lawyers representing the defendant will argue that. The case will go to trial if a settlement is not reached. The length of a trial depends on the amount of evidence that is presented and the degree of complexity. However, the majority of cases settle out of court. This is because the trial process can add a significant amount of time to the legal process and could result in no compensation if a jury or judge does not accept the plaintiff's arguments.

Mediation

If a child is born with Erb's Palsy, their parents face a lifetime of medical care and other costs. The costs can quickly add up and place financial strain on families. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

Damage to the brachial nerves which run from the spine and neck into the arm is the cause of Erb’s palsy. These nerves can be injured through a variety ways, for example, through excessive pulling on the baby's shoulders and head during the birth. Erb's syndrome can also arise from the forceps used during delivery. In the course of a delivery one may feel a doctor pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.

Some babies' shoulders become stuck behind the mother's cervical region during the vaginal delivery process (shoulder dystocia). In these instances the doctor might attempt to remove the shoulder by pulling on 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 physician to identify risk factors that could cause shoulder dystocia, and take preventative measures. If a physician fails to do so, they can be held accountable for an Erb's palsy claim.

Plaintiffs must show that the defendant's deviation from the accepted procedure caused the injury to establish malpractice. Defense lawyers often claim that there were unrelated causes for the child's shoulder dystocia, such as problems with the baby's posture or intrauterine malformations.