Erb's Palsy Attorneys

Parents of children with Erb's palsy often have questions about whether medical negligence played a role in the condition of their child. The injury can result from excessive pulling on a bundle of nerves in the shoulders called the brachial plexus.

A knowledgeable attorney can assist victims to receive financial compensation. Settlements may provide future medical expenses, therapy, and surgery.

Compensation

It can be costly to raise and take care of a child with the condition Erb's -. An attorney can help families receive the compensation needed to cover these expenses. This includes money to pay for medical expenses, physical and occupation therapy adaptation devices, emotional support, and other costs.

A successful lawsuit can also make medical professionals accountable for their mistakes. This will help them avoid making the same mistake in the future. In the event of legal action, it can give families a sense justice and closure after they have witnessed their child's life turned upside down due to the birth injury.

If a baby sustains an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's head and shoulders during labor. It could be due to inadequate use of labor tools, such as the forceps or vacuum extractor or when doctors try to treat problems by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a doctor fails to properly prepare and manage any complications that might arise during the birth of a child. An attorney can work to make the process as simple as possible for the family. They can gather medical records and witness statements to build a convincing argument on behalf of the family. They can also negotiate an appropriate settlement with the other party.

Statute of limitations

The law obliges families to make a claim within a specific time period following the incident of their child. The time limit for filing a lawsuit may differ from state to state. Kansas is one example. It requires that a family file a claim within 2 years from the birth of a child injured. Certain states have deadlines that are extended. It is imperative to consult a reputable Erb’s palsy lawyer as quickly as you can in order to ensure that your family can file their claim within the appropriate time frame.

Your legal team will file a formal complaint against the parties that are responsible for your child's Erb palsy. Your doctors, including your obstetrician, could be named as defendants, along with the hospital where the incident occurred. During the discovery phase, your attorney will collect evidence to show that there was medical malpractice and the injuries could have been prevented. They will search through the child's medical records and gather expert evidence to support your claim.

Depending on the situation your Erb's palsy lawyer may make a deal or take the case to trial. Settlements usually allow compensation to be received faster than the time required for a court trial. It is not guaranteed that the amount of settlement will be fair to you and your family. Your attorney will strive to obtain the highest amount of compensation possible.

Filing a Lawsuit

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

If the claim is valid the lawyer will then send the doctor a demand letter asking for financial compensation. The amount of money requested will depend on the degree of the injury and the cost of treatment. Most Erb's lawyers recommend settling the case outside of court to expedite the process and avoid a lengthy trial.

If the lawsuit is successful, families will be awarded financial compensation for the treatment of their child. They will also others avoid being affected by the same fate by holding healthcare professionals responsible for their negligence.

Two teams of lawyers will present arguments on behalf of clients in the course of a lawsuit. They will attempt to convince a jury or judge that the healthcare provider of their client acted properly and in a fair manner, while the lawyers representing the defendant will argue for a different position. The case will be argued when a settlement isn't reached. The duration of a trial is contingent on the amount of evidence that is presented and the complexity. However the majority of cases are settled out of court. A trial can take a long time and result in no compensation for the plaintiff in the event that the judge or jury do not agree with their argument.

Mediation

Parents of a child who was born with Erb’s Palsy will be required to pay for medical bills throughout their lives. These expenses can quickly accumulate and cause financial stress on the family. Brooklyn Erb's Palsy lawyers can assist parents get an equitable amount of compensation.

Damage to the brachial nerves which run from the spine through the neck and into the arm can be the cause of Erb's Palsy. These nerves can be injured in a variety of ways such as excessive pulling on the baby's head and shoulders during delivery. Erb's Palsy can also result from the forceps used during delivery. When delivering, a doctor might pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.

Shoulder dystocia is when a baby's shoulders become stuck behind the cervical cervix that is her mother's. In these cases, the doctor might try to dislodge the infant's shoulder by pulling more forcefully on the shoulders and head or using forceps. This can cause strain on the brachial nerves and cause Erb's palsy. It is possible for a physician recognize risk factors that may cause shoulder dystocia and take preventative measures. If a doctor does not do this can be held responsible for claims related to Erb's 'Palsy.

Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury to prove malpractice. The defendants often claim that there are no other causes for the child's shoulder dystocia, such as abnormalities in the baby's positioning or intrauterine malformations.