Erb's Palsy Attorneys

Parents of children who suffer from Erb's Palsy often have concerns about whether medical negligence was the cause in the child's condition. This injury can result from excessive pulling on a bundle of nerves located in the shoulders known as the brachial complex.

An experienced lawyer can help victims receive financial compensation. Settlements may provide future medical treatments, therapy, and surgery.

Compensation

It can be costly to care for and raise the child who has Erb's Palsy. A lawyer can assist families receive the compensation they require to pay for the costs. This includes money to cover medical expenses, physical and occupational therapy and adaptive devices, emotional support, and other costs.

A successful lawsuit could also bring medical professionals who have been negligent to account. This will help them avoid making the same mistake again in the future. Legal action can give families a sense of peace and closure after having have seen their child's life turned upside down by an injury at birth.

Erb's Palsy may occur when the baby is injured by the brachial-plexus nerves during being delivered. These injuries are caused by excessive stretching or pulling of the baby's shoulders and head during delivery. This can result from the improper use of tools, such as vacuum extractors or forceps during labor. It could also happen when doctors push on the baby's shoulders in order to solve any issues.

If a physician fails to adequately prepare for and manage complications during the birth process, it can cause an Erb's palsy lawsuit. An attorney can assist in making the process as painless as is possible for the family. They can gather medical records and witness statements to construct a convincing argument on behalf of the family. They can also negotiate a fair settlement with the other party.

Statute of limitations

The law requires families to bring a lawsuit within a specified time following the incident of their child. The time frame for filing a lawsuit can differ by state. Kansas is one example. It requires that families make a claim within two years from the birth of a child who was injured. Certain states have longer deadlines. It is imperative to speak 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 frame.

Your legal team will file a formal complaint against the people who are accountable for your child's Erb palsy. Your obstetrician and other medical professionals could be named as defendants, together with the hospital in which the incident occurred. During the discovery phase, your attorney will collect evidence to show that there was medical negligence and that the injuries could have been avoided. They will go through the medical records of your child and gather expert witness testimony to support your case.

Your Erb's Palsy attorney will negotiate settlements based on your circumstances or take the case to the court. A settlement usually provides quicker access to compensation than a trial would. It is not certain that the amount of settlement will be fair to your family. Your lawyer will do everything to ensure that you receive the maximum compensation.

Filing an action

The procedure for filing a lawsuit varies from state to state, but generally starts with an attorney reviewing the details of the case and the facts during a no-cost legal case evaluation. The lawyer will inform the client if they have a case that is valid.

If the lawyer thinks the claim is meritorious and merits consideration, he will write a letter to the doctor asking for compensation. The amount of compensation requested will be determined by the severity of the injuries as well as the cost of treating them. Most Erb's palsy lawyers will suggest settling out of court to speed up the process.

Lawsuits that are successful will award families with cash compensation to pay for the child's medical treatment. They will also keep other children from suffering the same fate by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will consist of two lawyers who argue on behalf of their clients. They will attempt to convince a jury or judge their client's healthcare provider acted appropriately and reasonably, while the lawyers representing the defendant will argue otherwise. The case will be argued in the event that a settlement cannot be reached. The length of a trial will be determined by the amount of evidence that is presented and the difficulty of the case. However most cases are settled out of court. This is due to the fact that trial proceedings can add significant amount of time to the legal process and could result in no settlement if the judge or jury does not agree with the plaintiff's argument.

Mediation

If a child is born with Erb's Palsy the parents face an entire lifetime of medical treatment and other costs. These costs can quickly accumulate and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can help parents to seek fair compensation.

Damage to the brachial nerves that run from the spine through the neck to the arm is the reason of Erb’s palsy. The nerves can be injured in a variety of ways, such as through excessive pulling on the baby's shoulders and head during the birth. Erb's Palsy can also result from the use of forceps during the delivery. During the delivery, the doctor may pull or stretch the shoulder too much to free it from the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders are stuck behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these situations the doctor might attempt to release the shoulder by pulling the shoulders or head harder or using forceps. This could cause overstretching of the brachial nerves and cause Erb's palsy. A doctor can identify risk factors for shoulder dystocia and take preventative measures. If a physician fails to do this they may be held accountable for an Erb's Palsy Law Firms Palsy claim.

In order to prove the malpractice in a lawsuit, plaintiffs must establish that the defendant's deviation from accepted practice proximately caused the injury. Defense lawyers often claim that there were other causes of the child's shoulder dystocia, for example anomalies in the baby's position or intrauterine malformations.