Erb's Palsy Attorneys

Parents of children with Erb's palsy frequently have questions about whether medical negligence played a role in the development of their 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 lawyer can help victims in receiving financial compensation. A settlement may cover future medical treatment, therapy, and surgery.

Compensation

It can be costly to raise and take care of a child who has Erb's Palsy. An attorney can help families receive the compensation needed to cover these expenses. This includes funds for medical expenses including occupational and physical therapy, adaptive devices, and emotional support.

A successful lawsuit can also be a way to hold negligent medical professionals accountable. This can help them avoid making similar mistakes in the future. The legal process can provide families with a sense of closure and justice after they have seen their child's life turned upside down due to a birth injury.

If a baby sustains an injury to the brachial plexus nerves during birth, it could cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's shoulders and head during delivery. This can be caused by the incorrect use of tools like vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders to help with complications.

erb's palsy lawsuit Palsy lawsuits can be filed if a doctor does not properly prepare and handle complications that may arise during childbirth. An attorney can assist in making the process as painless as possible for the family. They can collect hospital records as well as witness statements to construct a strong argument on behalf of the family. They can also negotiate with the opposing party to reach an acceptable settlement.

Statute of Limitations

The law requires families to bring a lawsuit within a set time after the child's injury. The time limit for filing a lawsuit may vary by state. Kansas for instance, requires a family to file a claim within two years of the birth of their child who has been injured. Certain states have deadlines that are extended. It is important to talk with a reputable Erb's palsy lawyer as soon as you can to make sure that your family can file their claim within the proper time period.

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, as well as the hospital where the injury occurred. During the discovery process, your lawyers will collect evidence to prove that there was medical malpractice and that the injuries were preventable. They will look through the medical records of your child and gather expert evidence to support your claim.

Based on your particular situation the Erb's lawyer will either reach a settlement or go to the case to trial. Settlements typically allow compensation to be paid out faster than a court trial. It isn't certain that the settlement amount will be fair to you and your family. Your lawyer will work hard to reach the maximum compensation award possible.

Filing an action

The procedure to file a lawsuit varies by state, but in general an attorney will look over the case's details and facts as part of an evaluation of the legal situation for free. They will then inform the client if they have a case.

If a claim is viable, the lawyer will send the doctor an email requesting financial compensation. The amount requested will be determined by the severity of the injuries and the cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid lengthy trials.

If the lawsuit is successful, it will provide families with the financial compensation they need to pay for the child's medical treatment. By demanding that healthcare professionals be held accountable for their negligence, they will also help keep future children from suffering the exact same fate.

A lawsuit will comprise two lawyers representing their clients. They will try to convince a jury or judge that their client's healthcare provider acted appropriately and reasonably, while the lawyers of the defendant will argue for a different position. If a settlement is not reached the case will be put to trial. The duration of a trial will depend on the amount of evidence presented and the nature of the case. However, the majority of cases are settled out of court. This is because a trial can add a significant amount of time to the legal process and may result in no compensation if a jury or judge do not agree with the plaintiff's position.

Mediation

Parents of a child with Erb's Palsy will have to pay for medical expenses throughout their lives. These expenses are likely to increase quickly and create financial strain on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy lawyers.

Damage to the brachial nerves, which run from the spine and neck and into the arm is the cause of Erb’s palsy. These nerves are susceptible to injury in a variety of ways that include excessive pulling on the baby's head and shoulders during delivery. Erb's Palsy may be caused by the forceps used during delivery. During the delivery, the doctor might pull or stretch the shoulder too much to remove it from the birth canal. This could cause damage to the brachialplexus.

Shoulder dystocia is when a baby's shoulders get stuck behind the cervical cervix of their mother. In these cases, the doctor might try to free the infant's shoulders by pulling harder on the shoulders and head or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. A doctor can identify risk factors for shoulder dystocia and take preventative measures. If a doctor is unable to do this and is found to be negligent, they could be held liable for an Erb's symptotic claim.

Plaintiffs must show 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 causes, such as the abnormality of the baby's positioning or intrauterine malformations.