Erb's Palsy Attorneys

Children with Erb's palsy are often worried about whether medical malpractice was the cause of their child's condition. The injury could be caused by excessive pulling on a ring of nerves located in the shoulders called the brachial plexus.

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

Compensation

It can be expensive to raise and care for a child with Erb's Palsy. A lawyer can assist families get the financial aid they need to cover the costs. This includes money for medical expenses including occupational and physical therapy, adaptive devices, and emotional support.

A successful lawsuit may also make medical professionals accountable for their mistakes. This can help them avoid making the same mistake again in the future. Taking legal action can give families a sense of peace and closure after having have seen their child's lives turned upside down by the birth injury.

If a baby is afflicted with an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during labor. It could be due to inadequate use of tools during labor like forceps or a vacuum extractor, or it may occur when doctors attempt to solve complications by pushing on the baby's shoulder.

If a physician fails to properly prepare for and handle complications during the birth, it may cause an Erb's palsy lawsuit. A lawyer can make the process as painless as possible for the family. They can collect hospital records and witness statements to build a strong argument on behalf of the family. They can also negotiate an appropriate settlement with the other party.

Statute of limitations

Families are required by law to file a lawsuit within the time frame specified after their child has been injured. The statutes of limitations for each state may vary. Kansas for instance, requires that a family make a claim within two years from the birth of a child who was injured. Some states have longer deadlines and it is essential to talk with a reputable Erb's Palsy attorney as soon as you can to ensure that your family is able to file a claim within the required timeframe.

Your legal team will file an official complaint against the parties that are accountable for your child's Erb palsy. Your doctor and other medical professionals could be named as defendants together with the hospital in which the incident occurred. During the discovery process, your lawyers will collect evidence to prove medical malpractice and that the injuries could have been prevented. They will look through the medical records of your child and gather expert evidence to support your claim.

Your Erb's Palsy lawyer will negotiate an agreement based on your situation or bring the case to court. A settlement typically gives faster access to compensation than a trial could. However, it's not guaranteed that your family will get a fair settlement amount. Your lawyer will do everything possible to get you the maximum amount of compensation.

Filing an action

The procedure to file a lawsuit varies by state, but generally, attorneys analyze the case's specifics and details as part of an assessment of legal rights for free. The lawyer will inform the client whether they have a valid case.

If the lawyer believes the claim is valid then he will send an email to the doctor asking for compensation. The amount sought will be determined based on the severity of the injuries and the cost to treat. The majority of Erb's palsy lawyers will recommend settling out of court to expedite the process and avoid a lengthy trial.

The lawsuits that succeed will be able to award families an amount of money to cover their child's treatment. They also will help keep other children from suffering the same fate as they did by requiring healthcare professionals to be held accountable for their negligence.

Two teams of lawyers will present arguments on behalf of clients in an action. They will try to convince a judge or jury the healthcare provider who treated their client sensibly and with a sense of fairness, while the lawyers of the defendant will argue for a different position. The case will go to trial when a settlement isn't reached. The length of the trial depends on the amount of evidence that is presented and the complexity. Most cases are settled out of court. This is due to the fact that trials can add a significant amount of time to the legal process and may result in no compensation if a jury or judge does not accept the plaintiff's arguments.

Mediation

If a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other expenses. These costs are likely to increase quickly and create financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents seek fair compensation.

The brachial nerves which run from the spine through the neck and into the arm is the root of Erb's Palsy. The nerves can be injured in many ways, including when you pull too hard on your baby's head and shoulders during delivery. Erb's palsy can also be caused by use of forceps during the delivery. During the delivery, the doctor may pull or stretch the shoulder too hard to take it out of the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders become lodged behind the mother's cervix during vaginal birth (shoulder dystocia). In such instances, the doctor might try to free the baby's shoulder by pulling harder on the head and shoulders or by using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. It is possible for a physician to recognize risk factors that can lead to shoulder dystocia and take preventative measures. If a doctor does not take this step could be held accountable for claims relating to Erb's Palsy.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury to establish the malpractice. Defense lawyers often claim that there were no underlying causes for the shoulder dystocia, including abnormalities in the baby's positioning or intrauterine malformations.