Erb's Palsy Attorneys

Parents of children with Erb's Palsy often worry about whether medical negligence was the cause of their child's condition. The injury could result from excessive pulling on a bundle of nerves that run through the shoulders called the brachial plexus.

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

Compensation

It can be expensive to raise and care for the child with Erb's syndrome. A lawyer can help families receive the compensation needed to pay for these expenses. This can include money to cover medical costs, physical and occupational therapy as well as adaptive devices, emotional support, and other costs.

A successful lawsuit could also bring medical professionals who were negligent to blame. This can prevent them from making the same mistake again in the future. In the event of legal action, it can give families a sense of satisfaction and closure after they have witnessed their child's life changed by the birth injury.

Erb's palsy can develop when the baby is injured due to the brachial plexus nerves as they are being born. These injuries are typically caused by excessive stretching or pulling of the baby's head and shoulders during delivery. It could be due to inadequate use of tools during labor, such as the forceps or vacuum extractor or when doctors attempt to solve issues by pressing on the baby's shoulder.

erb's palsy law firm palsy lawsuits can be filed when a doctor does not properly prepare and manage any complications that might arise during childbirth. An attorney can make the process as easy as is possible for the family. They can gather the hospital records and witness statements to make an argument for the benefit of the family. They can also negotiate with the opposing side to reach an equitable settlement.

Statute of limitations

The law requires families to submit a lawsuit within a certain time frame after the child's injury. State-specific statutes of limitations may differ. Kansas for instance, requires a family to file a claim within two years of the birth of their injured child. Some states have longer deadlines, and it is important to talk with a reputable Erb's friendsy attorney as soon as possible to ensure your family can file an claim within the proper window.

Your legal team will file a complaint against the parties responsible for your child's condition, erb's palsy lawyers Erb's palsy. Your doctors, including your obstetrician, could be named as defendants as well as the hospital where the injury occurred. During the discovery process, your attorneys will collect evidence to prove medical malpractice and to prove that the injuries were preventable. They will search through your child's medical records and gather expert testimony to back your case.

Based on your particular situation, your Erb's palsy lawyer can reach a settlement or go to the case to trial. Settlements typically provide faster access to compensation than a trial would. However, it is not certain that your family will get a fair settlement amount. Your attorney will work diligently to obtain the highest compensation award possible.

Filing a Lawsuit

The procedure for filing a lawsuit varies according to the state, however generally, attorneys examine the case's details and facts as part of an evaluation of the legal situation for free. The attorney will inform the client whether they have a case that is valid.

If the lawyer is convinced that a claim has merit the lawyer will send an email to the doctor asking for compensation. The amount sought will be based on the extent of the injuries and what they will cost to treat. The majority of Erb's palsy lawyers will recommend settling the case outside of court to expedite the process and avoid a lengthy trial.

If the lawsuit is successful, the families will receive monetary compensation for the treatment of their child. They will also help to prevent other children from suffering the same fate, by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will include two teams of lawyers representing their clients. They will attempt to persuade jurors or judges that their client's healthcare professional did the right thing and in a reasonable manner while the defense lawyers will argue that they did not. The case will be argued in the event that a settlement cannot be reached. The duration of a trial is contingent on the amount of evidence that is presented and the level of complexity. Most cases are settled out of court. A trial may take a long time and result in no compensation for the plaintiff if the jury or the judge do not agree with their arguments.

Mediation

Parents of a child born with Erb’s Palsy will have to pay for medical expenses throughout their life. The costs can quickly add in the future and put financial pressure on a family. Brooklyn Erb's Palsy lawyers can assist parents to seek fair compensation.

The brachial nerves that extend from the spine through the neck and into 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 may be caused by use of forceps during delivery. During delivery, a doctor may pull or stretch the shoulder too hard to take it out of the birth canal. This can cause damage to the brachialplexus.

Some babies' shoulders become trapped behind the mother's cervix during vaginal birth (shoulder dystocia). In such instances the doctor Erb's Palsy lawyers may attempt to free the infant's shoulders by pulling harder on the head and shoulders or by using forceps. This can strain the brachial plexus nerves, which can cause Erb's palsy. A doctor can identify the risk factors that can cause shoulder dystocia, and take preventative steps. If a doctor fails to do this may be held responsible for Erb's Palsy claims.

Plaintiffs must show that the defendant's deviation from accepted practice caused the injury to establish malpractice. Defendants will often claim that shoulder dystocia is caused by a variety of unrelated causes, such as the abnormality of the baby's positioning or intrauterine malformations.