Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy often have questions about whether medical negligence was the cause in the child's condition. The injury can 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 in receiving financial compensation. Settlements can cover future medical treatments or therapy as well as surgery.

Compensation

It can be expensive to raise and care a child with the condition Erb's -. A lawyer can assist families receive the compensation they need to cover these costs. This includes money for medical expenses as well as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit can also hold negligent medical professionals responsible. This will stop them from repeating the same mistakes again in the future. The legal process can give families a sense of justice and closure after they have seen their child's life changed by an injury at birth.

Erb's Palsy may occur when the baby is injured due to the brachial-plexus nerves while being born. These injuries can be caused by excessive stretching or pulling of the baby's shoulders and head during birth. This could be caused by the improper use of tools, such as vacuum extractors or forceps during labor. It can also occur when doctors press on the baby's shoulders in order to resolve complications.

Erb's Palsy lawsuits can be filed when a physician does not properly prepare and handle complications that may arise during childbirth. An attorney can make the process as simple as possible for the family. They can gather medical records and witness statements to build a strong argument on behalf of the family. They can also negotiate an equitable settlement with the other party.

Statute of limitations

Families are required by law to file a lawsuit within a specific time frame after their child was injured. State-specific statutes of limitations can vary. Kansas, for example, requires families to file a claim within two years from the birth of their child who was injured. Some states have deadlines that are longer and it is imperative to consult with a reputable Erb's palsy attorney as soon as possible in order to ensure your family can file an claim within the proper timeframe.

Your legal team will make a complaint against the parties responsible for your child's Erb's Palsy. Your doctor and other medical professionals could be named as defendants, along with the hospital where the injury occurred. During the discovery phase, your lawyers will collect evidence to prove that there was medical malpractice and the injuries could have been prevented. They will comb through the medical records of your child and gather expert witness testimony to support your case.

Based on the circumstances the Erb's lawyer may reach a settlement or go to the case to trial. A settlement typically gives faster access to compensation than a trial could. However, it is not certain that your family will get a fair settlement amount. Your attorney will do all he can to get you the maximum amount of compensation.

Filing a Lawsuit

The procedure for filing a lawsuit varies by state, but generally, a lawyer will look over the case's details and facts as part of an initial legal evaluation. They will then advise the client whether or not they have an issue.

If a claim is viable the lawyer will send the doctor an demand letter in order to request financial 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 friendsy attorneys suggest settling outside of court to speed up the process and avoid lengthy trials.

If the lawsuit is successful, families will be awarded financial compensation for the care of their child. By requiring healthcare professionals to be accountable for their errors and wrongful conduct, they will also ensure that future children don't suffer the exact same fate.

A lawsuit will comprise two lawyers arguing on behalf of their clients. They will try to convince a judge or jury their client's healthcare provider acted properly and in a fair manner, while the lawyers representing the defendant will argue that. If a settlement is not reached the case will go to trial. The length of the trial depends on the amount of evidence provided and the complexity. Most cases are settled out of court. A trial may take a long time and may not result in a settlement for the plaintiff in the event that the judge or jury are not in agreement with their argument.

Mediation

If a child is born with Erb's Palsy the parents face a lifetime of medical bills and other costs. These costs are likely to increase quickly and place a financial burden on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is a problem with the brachial-plexus nerves which extend through the spinal cord into the neck and then into the arm. These nerves are susceptible to injury in a variety of ways, including through excessive pulling on the baby's head and shoulders during delivery. Erb's Palsy can be caused by use of forceps in delivery. When delivering the doctor may pull too hard or extend the shoulder to release it from the birth canal and cause damage to the brachial plexus.

Some babies' shoulders are trapped behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these situations the doctor might try to get rid of the shoulder by pulling the head or shoulders harder or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. A doctor can recognize the risk factors that can cause shoulder dystocia and take preventative measures. A doctor who fails to do this could be held accountable for claims related to Erb's 'Palsy.

To establish malpractice in a lawsuit, plaintiffs must prove that the defendant's deviance from the accepted procedure proximately caused the injury. The defendants will often argue that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's position, or intrauterine malformations.