Erb's Palsy Attorneys

Parents of children who suffer from Erb's Palsy often worry about whether medical negligence is the reason for their child's condition. The injury can result due to excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced attorney can help victims receive financial compensation. Settlements could cover the cost of surgery, therapy, or future medical treatments.

Compensation

It can be costly to care for and raise the child with Erb's syndrome. A lawyer can help families receive the money they need to cover these costs. This includes money for medical expenses including occupational and physical therapy, adaptive devices, and emotional support.

A successful lawsuit could 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 provide families with the sense of justice and closure for their child's whole life has been turned upside down due to a birth injury.

If a baby sustains an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries result from excessive stretching or pulling of the baby's shoulders and head during delivery. This could be caused by the incorrect use of tools, such as vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders in order to solve any issues.

Erb's Palsy lawsuits may be filed if a doctor is unable to properly prepare and deal with complications that could arise during childbirth. An attorney can make the process as painless as is possible for the family. They can collect hospital records as well as witness statements to make a strong argument on behalf of the family. They can also negotiate with the other side to reach a fair settlement.

Statute of limitations

Families are legally required to file a lawsuit in a specific time frame after their child was injured. The state-specific statutes of limitation may differ. Kansas for instance, requires a family to file a case within two years from the birth of their child who has been injured. Some states have longer deadlines and it is imperative to talk with an experienced Erb's palsy attorney as soon as possible in order to ensure your family can file a claim within the appropriate timeframe.

Your legal team will submit a complaint to the parties responsible for your child's condition, Erb's palsy. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery phase, your lawyers will gather 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 testimony from witnesses to support your case.

Your Erb's Palsy attorney will negotiate the settlement of your situation or bring the case to court. Settlements typically provide faster access to compensation than a trial could. However, it's not guaranteed that your family will receive a fair settlement amount. Your lawyer will do everything in his power to get you the maximum amount of compensation.

Filing a Lawsuit

The process for filing a lawsuit varies according to the state, however generally, attorneys examine the case's details and facts as part of an assessment of legal rights for free. The lawyer will inform the client if they have a valid case.

If the lawyer is convinced that a claim is legitimate, he will send an email to the doctor requesting compensation. The amount of money requested will be determined by the degree of the injury and the expense to treat them. Most Erb's palsy attorneys will recommend settling out of court to speed up the process and avoid lengthy trials.

A successful lawsuit will be able to award families financial compensation to pay for the treatment of their child. They will also help others avoid suffering the same fate, by making healthcare professionals accountable for their negligence.

A lawsuit will comprise two lawyers who argue on behalf of their clients. They will try to convince a judge or jury their client's healthcare provider acted in a reasonable and ethical manner, whereas the lawyers representing the defendant will argue for a different position. The case will go to trial in the event that a settlement cannot be reached. The length of a trial will be determined by the amount of evidence presented and the complexity of the case. However, the majority of cases are settled out of court. A trial can be lengthy and result in no compensation for the plaintiff if the jury or the judge are not in agreement with their arguments.

Mediation

Parents of a child with Erb's Palsy will have to pay for medical expenses throughout their lives. These costs can quickly add up and create financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents to seek an equitable amount of compensation.

Damage to the brachial nerves, which run from the spine and neck into the arm is the root of Erb's palsy. The nerves can be injured in many ways, including through excessive pulling on the baby's head and shoulders during the birth. Erb's Palsy may be caused by use of forceps during the delivery. In the course of a delivery physician may pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.

Shoulder dystocia happens when a baby's shoulders become stuck behind the cervical cervix of the mother. In these cases the doctor might try to release the shoulder by pulling on the shoulders or head more or using forceps. This can cause Erb's Palsy by stretching the brachial nerves. It is possible for a physician detect risk factors that could lead to shoulder dystocia and take preventative measures. If a doctor does not do this can be held accountable for claims related to Erb's 'Palsy.

To prove that there was a malpractice in a lawsuit, plaintiffs must establish that the defendant's deviation from the accepted procedure proximately caused the injury. Defense lawyers often claim that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's position, or intrauterine malformations.