Erb's Palsy Attorneys

Parents of children with Erb's Palsy often have concerns about whether medical negligence was a factor in the development of their child's condition. The injury can result by excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced lawyer can assist victims to receive financial compensation. A settlement may cover future medical expenses, therapy, and surgery.

Compensation

It can be costly to raise and care for a child with the condition Erb's -. An attorney can assist families receive the compensation needed to cover these costs. This can include money to cover medical expenses, physical and occupational therapy adaptation devices, emotional support, and many other costs.

A successful lawsuit could make medical professionals accountable for their negligence. This can stop them from repeating similar mistakes in the future. Legal action can give families a sense peace and closure after having have seen their child's life turned upside down due to a birth injury.

Erb's spalsy can happen when babies are injured by the brachial-plexus nerves while being delivered. These injuries are typically caused due to excessive pulling or stretching of the baby's head and shoulders during the birth. This could be caused by improper use of tools such as vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders to resolve complications.

Erb's Palsy lawsuits can be filed when a doctor fails to properly prepare and deal with complications that could arise during childbirth. An attorney can make the process as painless as is possible for the family. They can collect hospital records and Erb's Palsy attorneys witness statements to create an argument for the benefit 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 within the specified timeframe after their child was injured. The statute of limitations may differ by state. Kansas, for instance, requires that families submit a claim within two years from the birth of a child who was injured. Some states have extended deadlines. It is important to seek out a reputable Erb's palsy lawyer as quickly as you can, to ensure that your family will be able to file their claim within the proper time frame.

Your legal team will file a complaint against the people responsible for your child's Erb's palsy. The defendants could include your obstetrician, erb's palsy attorneys other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your lawyers will collect evidence to prove that there was medical malpractice and 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.

Depending on your situation your Erb's friend's lawyer can reach a settlement or go to the case to trial. Settlements usually allow the compensation to be received more quickly than an appeal in court. It isn't certain that the settlement amount will be fair to your family. Your lawyer will do everything in his power to ensure you receive the highest amount of compensation.

Filing an action

The procedure to file a lawsuit varies by state, but generally, an attorney will look over the case's details and facts as part an initial legal evaluation. The attorney will inform the client if they have a valid case.

If the lawyer believes that the claim is valid and merits consideration, he will write a letter to the doctor requesting compensation. The amount requested will be based on the severity of the injuries and the cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to speed up the process and avoid a lengthy trial.

If the lawsuit is successful, the families will be awarded monetary compensation for the treatment of their child. They also will help others avoid suffering the same fate by making healthcare professionals accountable for their negligence.

A lawsuit will comprise two lawyers representing their clients. They will attempt to persuade the jury or judge that their client's healthcare provider did the right thing and in a reasonable manner and appropriately, while the lawyers of the defendant will argue that they did not. If a settlement cannot be reached, the case will be put to trial. The length of a trial will be determined by the amount of evidence that is presented and the difficulty of the case. The majority of cases are settled outside of court. A trial can take a long time and may not result in a settlement for the plaintiff if the jury or the judge are not in agreement with their argument.

Mediation

Parents of a child who was born with Erb's Palsy will be required to pay for medical treatment throughout their life. These expenses are likely to increase quickly and cause financial stress on the family. Brooklyn Erb's Palsy lawyers can assist parents to seek an equitable amount of compensation.

Damage to the brachial nerves that extend from the spine through the neck into the arm is the root of Erb's palsy. These nerves are susceptible to injury in many ways such as excessive pulling on the baby's head and shoulders during the birth. Erb's syndrome can also arise from the use of forceps during delivery. During the delivery, the doctor may pull or extend the shoulder too much to free it from the birth canal. This can cause damage to the brachialplexus.

Shoulder dystocia occurs when a baby's shoulders get stuck behind the cervical cervix of the mother. In these instances the doctor might attempt to dislodge the infant's shoulder by pulling harder on the head and shoulders or by using forceps. This can strain the brachial nerves and cause Erb's palsy. It is possible for a doctor to recognize risk factors that can cause shoulder dystocia, and take preventative measures. If a physician fails to do this and is found to be negligent, they could be held accountable for an Erb's Palsy claim.

In order to prove the malpractice in a lawsuit, plaintiffs must show that the defendant's deviance from the accepted practice directly caused the injury. Defendants often claim that there were no underlying causes of the child's shoulder dystocia, for example issues with the baby's posture or intrauterine malformations.