Erb's Palsy Attorneys

Parents of children suffering from Erb's Palsy are often concerned about whether medical negligence was the cause of their child's condition. The injury can be caused by excessive pulling on a ring of nerves in the shoulder called the brachial plexus.

An experienced attorney can assist victims receive financial compensation. Settlements may pay for therapy, surgery, and future medical treatments.

Compensation

It can cost a lot to raise and care for children with Erb's palsy. A lawyer can help families receive the compensation they need to cover these expenses. This includes money to cover medical expenses, physical and occupation therapy as well as adaptive devices, emotional support, and other costs.

A successful lawsuit can also hold negligent medical professionals responsible. This can prevent them from making the same mistake again in the future. In the event of legal action, it can provide families with a sense of justice and closure after they have seen their child's life turned upside-down by an injury at birth.

If a newborn suffers an injury to the brachial plexus nerves during delivery, it can cause Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's head and shoulders during delivery. This can be caused by the improper use of tools during labor like the vacuum extractor or forceps or when doctors attempt to solve issues by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed if a doctor fails to properly prepare and handle complications that may arise during the birth of a child. An attorney can assist in making the process as painless as is possible for the family. They can collect hospital records as well as witness statements to construct an argument that is strong on behalf of the family. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

Families are required by law to file a lawsuit in the specified timeframe after their child has been injured. The time frame for filing a lawsuit can vary by state. Kansas for instance, requires that families file a claim within 2 years from the birth of a child injured. Some states have longer deadlines and it is crucial to speak with an experienced Erb's palsy attorney as soon as you can to ensure that your family is able to file an appropriate claim within the timeframe.

Your legal team will file an official complaint against those who are accountable for your child's Erb palsy. Your physician and other medical professionals could be named as defendants as well as the hospital where the incident occurred. During the discovery phase, your lawyers will gather evidence to prove that there an error in medical care and that the injuries could have been avoided. They will go through the child's medical records and gather expert evidence to support your claim.

Your Erb's Palsy lawyer will negotiate a settlement based on your particular situation or take the case to court. Settlements typically provide faster access to compensation than a trial would. However, it is not guaranteed that your family will get a fair settlement. Your lawyer will do everything to ensure that you receive the maximum compensation.

Filing an action

The procedure for filing a lawsuit differs by state, but generally, an attorney will look over the case's details and facts as part an evaluation of the legal situation for free. The attorney will inform the client whether they have a valid case.

If a claim is deemed to be viable the lawyer will send the doctor a demand letter asking for financial compensation. The amount requested will be determined by the extent of the injuries and what they will cost to treat. The majority of Erb's friendsy attorneys suggest settling out of court to accelerate the process and avoid a lengthy trial.

If the lawsuit is successful, it will provide families with financial compensation to pay for their child's treatment. They can also others avoid suffering the same fate as they did by holding healthcare professionals responsible for their negligence.

A lawsuit will comprise two lawyers representing their clients. They will try to convince a jury or judge the healthcare provider who treated their client appropriately and reasonably, while the lawyers representing the defendant will argue otherwise. The case will be heard if a settlement is not reached. The length of the trial will depend on the amount of evidence presented and the complexity. However, the majority of cases end up being settled out of court. A trial may take a long time and may not result in a settlement for the plaintiff in the event that the judge or jury are not in agreement with their arguments.

Mediation

Parents of children born with Erb's Palsy will be required to pay for medical care throughout their lives. These expenses can quickly accumulate and create financial strain on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The root cause of Erb's syndrome is damage to the brachial plexus nerves, that run from the spinal cord to the neck and into the arm. These nerves are susceptible to injury in a variety of ways, such as when you pull too hard on your baby's shoulders and head during delivery. Erb's palsy may also result from the use of forceps during delivery. During a birth, a doctor might pull too hard or stretch the shoulder in order to free it from the birth canal and cause damage to the brachial plexus.

Some babies' shoulders are stuck behind the mother's cervical region during the vaginal birth process (shoulder dystocia). In these instances the doctor may attempt to dislodge the infant's shoulder by pulling more forcefully on the head and shoulders or using forceps. This can cause Erb's Palsy by stretching the brachial nerves. It is possible for a doctor detect risk factors that could cause shoulder dystocia and take preventative measures. If a doctor is unable to take this action, they can be held responsible for an Erb's-related palsy claim.

To prove malpractice in a lawsuit, plaintiffs must establish that the defendant's deviation from accepted practice proximately caused the injury. Defendants often claim that shoulder dystocia is caused by unrelated factors, such as abnormalities of the baby's position, or intrauterine malformations.