Erb's Palsy Attorneys

Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence was a factor in the child's condition. This injury can result from excessive pulling on a bundle of nerves that run through the shoulders known as the brachial nerve.

An experienced attorney can help victims receive financial compensation. Settlements may pay for treatments, surgeries, and future medical care.

Compensation

It can be expensive to raise and care for the child with Erb's syndrome. A lawyer can assist families get the financial aid they require to pay for these costs. This includes money for medical expenses including occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit may also be able to hold negligent medical professionals accountable. This will prevent them from making similar mistakes in the future. Legal action can provide families with satisfaction and closure when their child's whole life has been turned upside down due to an injury at birth.

Erb's spalsy can happen when babies are injured by the brachial-plexus nerves when being born. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during labor. It could be due to inexperienced use of tools during labor, such as forceps or a vacuum extractor, or it may occur when doctors attempt to solve issues by pushing on the baby's shoulder.

When a doctor does not adequately prepare for and manage complications during birth, it could result in an Erb's Palsy lawsuit. A lawyer can make the process as easy as possible for the family. They can collect hospital records, witness statements and more to create a solid case on the behalf of the family. They can also negotiate an equitable settlement with the other party.

Statute of Limitations

The law requires families to file a lawsuit within a certain time frame after the injury of their child. State-specific statutes of limitations may vary. Kansas for instance, requires families to file a claim within 2 years of the birth of a child who was injured. Certain states have deadlines that are extended. It is essential to talk with a reputable Erb's palsy lawyer as quickly as you can, to make sure that your family can file their claim within the proper time frame.

Your legal team will submit a complaint to the people responsible for your child's Erb's syndrome. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorney will collect evidence to show that there was medical malpractice and the injuries could have been avoided. They will review the medical records of your child and gather expert witness testimony to support your case.

Your Erb's Palsy lawyer will negotiate a settlement based on your circumstances or take the case to court. A settlement typically allows the compensation to be received more quickly than an appeal in court. It isn't guaranteed that the amount of settlement will be fair to you and your family. Your attorney will do everything possible to ensure that you receive the maximum amount of compensation.

Filing a Lawsuit

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

If the lawyer thinks the claim is meritorious and merits consideration, he will write an email to the doctor requesting compensation. The amount requested 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 expedite the process and avoid lengthy trials.

If the lawsuit is successful, the families will receive monetary compensation for the treatment of their child. They will also help others avoid suffering the same fate by making healthcare professionals accountable for their negligence.

Two teams of lawyers will argue for clients in a lawsuit. They will try to convince the jury or judge that their client's healthcare professional was able and ethical, whereas the lawyer representing the defendant will argue that they did not. If a settlement is not reached the case will go to trial. The duration of a trial will depend on how much evidence is presented and the complexity of the case. Most cases are settled out of court. This is due to the fact that trials can add a significant amount of time to the legal process. It could also result in no compensation if a jury or judge does not agree with the plaintiff's argument.

Mediation

When a child is born with Erb's Palsy, their parents face an entire lifetime of medical treatment and other expenses. These expenses 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 damage to the brachial nerves which originate from the spinal cord down the neck, and eventually into the arm. These nerves can become injured in many ways, including by pulling too hard on the baby's head and shoulders during delivery. Erb's Palsy can also be caused by the use of forceps during the delivery. During the process of delivery, the doctor might pull or stretch the shoulder too hard to take it out of the birth canal. This could cause damage to the brachialplexus.

Some infants' shoulders become stuck behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these instances the doctor might try to get rid of the shoulder by pulling on the shoulders or head harder or by using forceps. This could cause overstretching of the brachial plexus nerves. This can cause Erb's palsy. It is possible for a physician to detect risk factors that could cause shoulder dystocia, and take preventative measures. If a doctor is unable to do this and fails to do so, they could be held responsible for an Erb's symptotic claim.

Plaintiffs must show that the defendant's deviation from the accepted procedure caused the injury to establish malpractice. The defendants often claim that there are no other reasons for the child's shoulder dystocia, such as anomalies in the baby's position or intrauterine malformations.