Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy often have questions about whether medical negligence was a factor in the development of their child's condition. This injury can be caused by excessive pulling on brachial-plexus, a bundle of shoulder nerves.

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

Compensation

It can be expensive to care for and raise the child who has Erb's Palsy. An attorney can assist families receive the money they need to pay for these expenses. This includes money to cover medical costs, physical and occupational therapy and adaptive devices, emotional support, and other expenses.

A successful lawsuit can also be a way to hold negligent medical professionals accountable. This will help them avoid making the same mistake in the future. Legal action can give families a an understanding of justice and closure for their child's whole life has been altered by birth injuries.

Erb's Palsy may occur when the baby is injured due to the brachial plexus nerves as they are being delivered. These injuries are typically caused by excessive stretching or pulling of the baby's head and shoulders during birth. This could be due to inadequate use of tools during labor like the vacuum extractor or forceps or when doctors try to resolve issues by pressing on the baby's shoulder.

If a doctor 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 an argument that is strong on behalf of the family. They can also negotiate with the opposing party to reach an acceptable settlement.

Statute of limitations

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

Your legal team will file a formal complaint against the people who are responsible for Erb's palsy attorneys your child's Erb palsy. Your obstetrician and other medical professionals could be named as defendants and 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 search through the child's medical records and gather expert witnesses to prove your claim.

Your Erb's Palsy attorney will negotiate the settlement of your situation or bring the case to court. Settlements typically allow the compensation to be received more quickly than the time required for a court trial. However, it's not certain that your family will get a fair settlement. Your attorney will do everything in his power to secure the maximum amount of compensation.

Filing an action

The procedure for filing a lawsuit is different for each state, but generally starts with an attorney reviewing the case's details and specifics during a no-cost legal case evaluation. They will then inform the client if they have a case.

If the lawyer thinks the claim is valid the lawyer will send an email to the doctor requesting compensation. The amount of compensation sought will depend on the degree of the injury and the cost of treating them. Most Erb's palsy attorneys will suggest settling outside of court to accelerate the process and avoid lengthy trials.

A successful lawsuit will give families financial compensation to pay for the treatment of their child. They will also others avoid suffering the same fate, by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will consist of two lawyers arguing on behalf of their clients. They will attempt to convince jurors or judges that their client's healthcare professional was able and ethical, whereas the lawyer representing the defendant will argue that they did not. If a settlement is not reached, the case will go to trial. The duration of a trial will depend on the amount of evidence presented and the difficulty of the case. However most cases settle out of court. A trial can take a long time and result in no compensation for the plaintiff in the event that the judge or jury do not agree with their argument.

Mediation

Parents of a child with Erb’s Palsy will have to pay for medical bills throughout their life. These costs are likely to increase quickly and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents to seek an equitable amount of compensation.

The root cause of Erb's syndrome is the result of damage to the brachial nerves which originate from the spinal cord through the neck and then into the arm. These nerves can become injured in a variety of ways, including through excessive pulling on the baby's head and shoulders during delivery. Erb's palsy can also result from the use of forceps during delivery. When delivering the doctor may pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.

Some infants' shoulders become trapped behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In such cases the doctor may try to free the infant's shoulders by pulling harder on the head and shoulders or by using forceps. This could cause overstretching of the brachial plexus nerves, which can cause Erb's palsy. It is possible for a doctor recognize risk factors that can cause shoulder dystocia and take preventative measures. If a physician fails to do so they may be held accountable for an Erb's Palsy claim.

Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury in order to prove that there was malpractice. The defendants will often argue that shoulder dystocia is caused by non-related factors, like abnormalities of the baby's positioning or intrauterine malformations.