Erb's Palsy Attorneys

Parents of children with Erb's Palsy often worry about whether medical malpractice caused the condition of their child. The injury can result by excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced attorney can help victims receive financial compensation. A settlement could cover future medical expenses or therapy as well as surgery.

Compensation

It can cost a lot to raise and care for the child who has Erb's Palsy. An attorney can assist families receive the money they need to cover these costs. This includes funds for medical expenses such as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit could also make medical professionals accountable for their mistakes. This will prevent them from making the same mistakes again in the future. Taking legal action can provide families with a sense of closure and justice after they had their child's world turned upside down due to an injury at birth.

When a baby suffers an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries are usually caused by excessive stretching or pulling of the baby's neck and shoulders during labor. This can result from the improper use of tools like vacuum extractors or forceps during labor. It can also happen when doctors press on the baby's shoulders to treat any complications.

Erb's Palsy lawsuits can be filed if a doctor is not prepared to manage complications that may occur during childbirth. An attorney can work to make the process as stress-free as is possible for the family. They can collect hospital records, witness statements and more to build a strong case on the behalf of the family. They can also negotiate with the other side to negotiate an acceptable settlement.

Statute of Limitations

The law obliges families to bring a lawsuit within a certain time frame after the child's injury. The statute of limitations can vary by state. Kansas is an example. It requires a family to file a claim within two years of the birth of their child who was injured. Certain states have longer deadlines and it is imperative to speak with a reputable erb's palsy lawyer 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 accountable for your child's Erb's Palsy. The defendants could include your obstetrician, any other medical professionals, 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 to prove that the injuries were avoidable. They will look through the medical records of your child and gather expert testimony to support your claim.

Based on the circumstances your Erb's friend's lawyer can make a deal or take the case to trial. Settlements typically allow the payment to be made faster than the time required for a court trial. However, it's not guaranteed that your family will get a fair settlement amount. Your attorney will do all he can to get you the maximum compensation.

Filing an action

The process of filing a lawsuit is different for each state, but it usually begins with an attorney reviewing the case details and facts during a free legal assessment. The attorney will tell the client whether they have a valid case.

If a claim is deemed to be viable the lawyer will send the doctor an demand letter in order to request financial compensation. The amount of compensation requested will be determined by the extent of the injuries and the cost of treatment. The majority of Erb's palsy lawyers will recommend settling the case outside of court to accelerate the process and avoid a lengthy trial.

If the lawsuit is successful, it will award families with an amount of money to cover their child's treatment. By requiring healthcare professionals to be accountable for their negligence and wrongful conduct, they will also prevent future children from suffering the exact same fate.

Two teams of lawyers will argue for clients in a lawsuit. They will attempt to convince the jury or judge that their client's healthcare professional was able and ethical while the defense lawyers will argue that they did not. If a settlement is not reached, the case will go to trial. The length of a trial will depend on how much evidence is presented and the difficulty of the case. The majority of cases are settled out of court. This is due to the fact that the trial process can add a significant amount of time to the legal process and may result in no compensation for the plaintiff if the jury or judge does not agree with the plaintiff's position.

Mediation

When a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other expenses. These expenses can quickly mount up and place financial strain on families. Brooklyn Erb's Palsy lawyers can help parents to seek fair compensation.

The root of Erb's Palsy is the damage to the brachial plexus nerves that run from the spinal cord down the neck, and eventually into the arm. These nerves can be injured through a variety ways, for example, when you pull too hard on your baby's head and shoulders during the birth. Erb's palsy may also result from the forceps used during delivery. During the process of delivery, the doctor might pull or stretch the shoulder too much to take it out of the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders get stuck behind the mother's cervical region during vaginal birth (shoulder dystocia). In such instances the doctor might attempt to free the infant's shoulders by pulling more forcefully on the shoulders and head or by using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor is able to identify the risk factors for shoulder dystocia, and take preventative measures. If a physician fails to take this action and fails to do so, they could be held accountable for an Erb's Palsy claim.

In order to prove the malpractice in a lawsuit, plaintiffs must establish that the defendant's departure from accepted practices proximately led to the injury. Defendants often claim that shoulder dystocia is caused by non-related factors, like abnormalities of the baby's position or intrauterine malformations.