Erb's Palsy Attorneys

Parents of children with Erb's Palsy are often concerned about whether medical negligence caused their child's condition. The injury may result by excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves.

An experienced attorney can help victims receive financial compensation. Settlements can cover future medical treatments or therapy as well as surgery.

Compensation

It can be costly to care for and raise a child with Erb's Palsy. A lawyer can help families get the compensation they require to pay for these costs. This includes money to pay for medical expenses, physical and occupational therapy and adaptive devices, emotional support and other expenses.

A successful lawsuit may also bring medical professionals who have been negligent to account. This can help them avoid making the same mistake again in the future. Legal action can give families a satisfaction and closure for the child's life has been changed by an injury to their birth.

Erb's Palsy may occur when the baby is injured due to the brachial-plexus nerves when being born. These injuries are typically caused due to excessive pulling or stretching of the baby's shoulders and head during the birth. This can be caused by inexperienced use of tools during labor like forceps or a vacuum extractor, or it may occur when doctors try to resolve issues by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a doctor is unable to properly prepare and handle complications that may arise during childbirth. A lawyer can make the process as stress-free as possible for the family. They can gather hospital records, witness statements, and more to build a strong case on the family's behalf. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

The law requires families to make a claim within a specific time period after the child's injury. The state-specific statutes of limitation may vary. Kansas for instance, requires a family to file a claim within two years of the birth of their child who was injured. Some states have extended deadlines. It is crucial to consult a reputable Erb’s palsy lawyer as soon as you can, to ensure that your family will be able to file their claim within the required time frame.

Your legal team will file an official complaint against the parties who are responsible for your child's Erb palsy. The defendants could include your obstetrician as well as other medical professionals, and the hospital where the injury occurred. During the discovery process, your attorneys will collect evidence to prove medical malpractice and that the injuries could have been avoidable. They will go through the child's medical records and gather expert witnesses to prove your claim.

Depending on your situation your Erb's friend's lawyer may make a deal or take the case to trial. Settlements usually allow the payment to be made faster than a court trial. However, it is not certain that your family will get a fair settlement amount. Your attorney will work diligently to secure the highest amount of compensation possible.

Filing an action

The procedure for filing a lawsuit varies by state, but it generally begins with an attorney examining the details of the case and the facts during a free legal case assessment. The lawyer will inform the client if they have a valid case.

If the lawyer believes that the claim is meritorious and merits consideration, he will write a letter to the doctor requesting compensation. The amount of compensation requested will depend on the severity of the injuries and the cost of treatment. Most Erb's lawyers recommend settling out of court to expedite the process and avoid lengthy trials.

Lawsuits that are successful will give families the financial compensation they need to pay for the child's medical treatment. By demanding that healthcare professionals be held accountable for their errors, they will also help to prevent future children from suffering the exact same fate.

Two teams of lawyers will present arguments on behalf of clients in a lawsuit. They will attempt to persuade a judge or jury that their client's healthcare provider did the right thing and in a reasonable manner and appropriately, while the lawyers of the defendant will argue that they did not. If a settlement is not reached, the case will be put to trial. The length of a trial will be determined by how much evidence is presented and the extent of the case. Most cases are settled outside of court. This is because a trial can add a significant amount of time to the legal process and could result in no compensation for the plaintiff if the jury or judge do not accept the plaintiff's arguments.

Mediation

If a child is born with Erb's Palsy, their parents face an entire life of medical expenses and other costs. These costs can quickly add up and place financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents to seek an equitable amount of compensation.

The reason for Erb's palsy is the result of damage to the brachial plexus nerves, which run from the spinal cord to the neck and then into the arm. The nerves can be damaged in many ways such as excessive pulling on the baby's shoulders and head during delivery. Erb's palsy may also result from the use of forceps during the delivery. During delivery, a doctor may pull or stretch the shoulder too much to take it out of the birth canal. This could cause damage to the brachialplexus.

Some babies' shoulders are stuck behind the mother's cervical region in vaginal delivery (shoulder dystocia). In these situations the doctor may attempt to remove the shoulder by pulling the shoulders or head more or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. It is possible for a physician recognize risk factors that may lead to shoulder dystocia and take preventative measures. A doctor who fails to do this may be held responsible for claims relating to Erb's Palsy.

Plaintiffs must prove that the defendant's aversion to the accepted method caused the injury in order to establish malpractice. Defendants often claim that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's posture or intrauterine malformations.