Erb's Palsy Attorneys

Parents of children with Erb's palsy frequently have questions about whether medical negligence played a part in the condition of their child. The injury could be caused by excessive pulling on a bundle of nerves located in the shoulders called the brachial plexus.

An experienced attorney can help victims receive financial compensation. A settlement may cover future medical treatments as well as therapy and surgery.

Compensation

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

A successful lawsuit may also make medical professionals accountable for their negligence. This can prevent them from repeating the same mistakes again in the future. In the event of legal action, it can give families a sense of satisfaction and closure after they have seen their child's life changed by the birth injury.

Erb's palsy can develop when babies are injured by the brachial-plexus nerves while being born. These injuries result from excessive stretching or pulling of the baby's neck and shoulders during labor. This could be caused by the improper application of tools like vacuum extractors or forceps during labor. It could also happen when doctors press on the baby's shoulders to treat any complications.

Erb's palsy lawsuits can be filed when a physician fails to properly prepare and manage complications that may occur during the birth of a child. An attorney can make the process as stress free as possible for the family. They can gather medical records and witness statements to create an argument that is strong on behalf of the family. They can also negotiate an appropriate settlement with the other party.

Statute of Limitations

The law obliges families to submit a lawsuit within a specific time period after the injury of their child. The time limit for filing a lawsuit may vary by state. Kansas, for example, requires a family to file a claim within two years after the birth of their child who was injured. Some states have extended deadlines. It is important to talk with a reputable Erb's palsy lawyer as quickly as you can in order to ensure that your family is able to file their claim within a certain time period.

Your legal team will file a complaint against those responsible for your child's Erb's syndrome. The defendants could include your obstetrician as well as other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorneys will gather evidence to show medical malpractice and that the injuries were preventable. They will search through the medical records of your child and gather expert witness testimony to support your case.

Your Erb's Palsy attorney will negotiate settlements based on your specific situation or bring the case to court. Settlements typically allow compensation to be paid out faster than a court trial. However, it is not guaranteed that your family will receive a fair amount of settlement. Your lawyer will do everything in his power to ensure you receive the highest compensation.

Filing a Lawsuit

The procedure for filing a lawsuit varies by state, but generally starts with an attorney reviewing the case details and facts during a no-cost legal case assessment. They will then advise the client if they have an issue.

If a claim is deemed to be viable the lawyer will then send the doctor an demand letter in order to request financial compensation. The amount sought will be determined by the extent of the injuries and Erb's palsy attorney the cost to treat. Most Erb's palsy attorneys will recommend settling out of court to accelerate the process and avoid a lengthy trial.

If the lawsuit is successful, families will receive financial compensation for the care of their child. By requiring healthcare professionals to be accountable for their mistakes, they will also help prevent future children from suffering the same fate.

A lawsuit will comprise two lawyers arguing on behalf of their clients. They will try to convince a jury or judge that the healthcare provider of their client acted sensibly and with a sense of fairness, while the lawyers of the defendant will argue otherwise. The case will be heard when a settlement isn't reached. The length of the trial will depend on the amount of evidence offered and the degree of complexity. However the majority of cases are settled out of court. This is due to the fact that trial proceedings can add significant amount of time to the legal process, and could result in no settlement if the jury or judge do not support the plaintiff's case.

Mediation

When a child is born with Erb's Palsy the parents face an entire lifetime of medical treatment and other costs. These costs can quickly accumulate and create financial strain on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The brachial nerves, which run through the neck into the arm is the reason of Erb's Palsy. These nerves are susceptible to injury in many ways such as excessive pulling on the baby's head and shoulders during the birth. Erb's palsy can also result from the use of forceps during the delivery. During the delivery, the doctor might pull or stretch the shoulder too much to free it from the birth canal. This can cause damage to the brachialplexus.

Some infants' shoulders become lodged behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these situations the doctor may attempt to free the shoulder by pulling 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 can cause shoulder dystocia and take preventative measures. A doctor who fails to take this step could be held responsible for claims related to Erb's 'Palsy.

In order to prove the malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's departure from accepted practice proximately caused the injury. Defendants often claim that shoulder dystocia is caused due to unrelated factors, such as a change of the baby's positioning or intrauterine malformations.