Erb's Palsy Attorneys

Children who develop erb's palsy attorney syndrome often have questions about whether medical negligence was a factor in the condition of their child. This injury can result from excessive pulling on a ring of nerves located in the shoulders known as the brachial nerve.

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

Compensation

It can be expensive to care for and raise the child who has Erb's Palsy. An attorney can assist families receive the financial aid needed to pay for these expenses. This includes money to cover medical costs, physical and occupational therapy and adaptive devices, emotional support, and other expenses.

A successful lawsuit can also hold negligent medical professionals responsible. This will stop them from making the same mistakes again in the future. Legal action can give families a an understanding of justice and closure when the child's life has been turned upside down due to an injury to their birth.

When a baby suffers an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during delivery. This can be caused by improper application of tools like vacuum extractors or forceps during labor. It can also occur when doctors push on the baby's shoulders in order to solve any issues.

When a doctor does not properly prepare and manage complications during birth, it could result in an Erb's palsy lawsuit. A lawyer can help make the process as stress free as possible for the family. They can gather hospital records, witness testimony, and more, to build an argument that is strong on the behalf of the family. They can also negotiate an appropriate settlement with the other party.

Statute of Limitations

The law requires families to make a claim within a certain time frame after their child's injury. State-specific statutes of limitations may vary. Kansas for instance, requires families to file a claim within two years of the birth of their injured child. Some states have extended deadlines. It is crucial to talk with a reputable Erb's palsy lawyer as quickly as you can to ensure that your family will be able to file their claim within the proper time period.

Your legal team will file a formal complaint against the parties who are responsible for your child's Erb palsy. Your doctor and other medical professionals could be named as defendants, together with the hospital in which the injury took place. During the discovery phase, your lawyers will collect evidence to prove that there an error in medical care and that the injuries could have been prevented. They will go through the medical records of your child and gather expert testimony to support your claim.

Your Erb's Palsy lawyer will negotiate a settlement based on your particular situation or take the case to court. A settlement usually allows for the payment to be made faster than the time required for a court trial. However, it is not certain that your family will receive a fair settlement amount. Your lawyer will work hard to obtain the highest amount of compensation possible.

Filing a Lawsuit

The process of filing a lawsuit varies from state to state, but it generally begins with an attorney looking over the case details and facts during a free legal case assessment. The lawyer will inform the client if they have a case that is valid.

If a claim is viable the lawyer will send the doctor an demand letter in order to request financial compensation. The amount of compensation sought will be determined by the extent of the injuries and the expense to treat them. The majority of Erb's palsy lawyers will suggest settling out of court to speed up the process and avoid a lengthy trial.

The lawsuits that succeed will be able to award families financial compensation to pay for the child's medical treatment. By requiring healthcare professionals to be accountable for their negligence and wrongful conduct, they will also prevent future children from suffering the same fate.

Two teams of lawyers will argue on behalf of the clients in the course of a lawsuit. They will attempt to convince a jury or judge that the healthcare provider for their client acted in a reasonable and ethical manner, whereas the lawyers of the defendant will argue against. The case will go to trial when a settlement isn't reached. The duration of a trial will depend on how much evidence is presented and the extent of the case. However the majority of cases are settled outside of court. A trial could take a long time and may not result in a settlement for the plaintiff in the event that the judge or jury do not agree with their argument.

Mediation

When a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other expenses. These costs are likely to increase quickly and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents get fair compensation.

The cause of Erb's palsy is the damage to the brachial-plexus nerves which originate from the spinal cord through the neck and then into the arm. These nerves are susceptible to injury in a variety of ways, including when you pull too hard on your baby's head and shoulders during delivery. Erb's Palsy may be caused by the use of forceps during the delivery. During a birth physician may pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.

Some babies' shoulders are lodged behind the mother's cervix in vaginal delivery (shoulder dystocia). In these situations the doctor might attempt to get rid of the shoulder by pulling on the head or shoulders harder or by using forceps. This can cause strain on the brachial plexus nerves, which can cause Erb's palsy. A doctor can identify the risk factors for shoulder dystocia, and take preventative steps. If a physician fails to do this and is found to be negligent, they could be held accountable for an Erb's palsy claim.

In order to prove the malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviance from the accepted procedure proximately caused the injury. Defense lawyers often claim that shoulder dystocia is caused by unrelated factors, such as abnormalities of the baby's positioning or intrauterine malformations.