Erb's Palsy Attorneys

Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence was a factor in the child's condition. The injury could result from excessive pulling on a bundle of nerves in the shoulders called the brachial plexus.

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

Compensation

It can be expensive to raise and care for a child with Erb's palsy. A lawyer can assist families receive the compensation they require to pay for these expenses. This includes money for medical expenses as well as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit may also hold negligent medical professionals accountable. This will stop them from making similar mistakes in the future. Legal action can provide families with a sense of closure and justice after they have witnessed their child's life turned upside down by a birth injury.

When a baby suffers an injury to the brachial plexus nerves in birth, it can result in Erb's palsy. These injuries are usually caused by excessive stretching or pulling of the baby's shoulders and head during labor. This could be due to improper use of labor tools, such as the vacuum extractor or forceps, or it may occur when doctors attempt to fix issues by pushing on the baby's shoulder.

Erb's Palsy lawsuits may be filed if a doctor is unable to properly prepare and manage complications that may occur during childbirth. An attorney can make the process as stress-free as is possible for the family. They can gather hospital records, witness statements, and more, to build a solid case on the family's behalf. They can also negotiate with the opposing party to reach an equitable settlement.

Statute of limitations

The law requires families to file a lawsuit within a specific time period after the child's injury. The statutes of limitations for each state may vary. Kansas is one example. It requires that families make a claim within two years after the birth of a child injured. Some states have longer deadlines, and it is important to talk with a reputable Erb's palsy attorney as soon as you can to ensure that your family can file a claim within the required window.

Your legal team will file an official complaint against the parties who are responsible for your child's Erb palsy. The defendants could include your obstetrician, other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorney will collect evidence to show that there was medical malpractice and the injuries could have been avoided. They will review the medical records of your child and gather expert witness testimony to prove your case.

Your Erb's Palsy lawyer will negotiate the settlement of your situation or bring the case to the court. A settlement typically provides faster access to compensation than a trial could. However, it's not guaranteed that your family will receive a fair amount of settlement. Your lawyer will do everything in his power to get you the maximum compensation.

Filing a Lawsuit

The procedure for filing a lawsuit is different by state, but generally, Erb's palsy lawyer a lawyer will look over the case's details and details as part of an initial legal evaluation. They will then inform the client if they have an issue.

If a claim is viable the lawyer will send the doctor an order letter requesting financial compensation. The amount of compensation demanded will depend on the severity of the injuries and the cost to treat them. The majority of Erb's palsy lawyers will recommend settling out of court to expedite the process and avoid a lengthy trial.

A successful lawsuit will award families with financial compensation to pay for the child's medical treatment. They also will help to prevent other children from suffering the same fate, 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 representing the defendant will argue otherwise. If a settlement cannot be reached, the case will be put to trial. The length of the trial will depend on how much evidence is presented and the extent of the case. However the majority of cases are settled out of court. A trial could take a long time and may not result in a settlement for the plaintiff in the event that the judge or jury do not agree with their arguments.

Mediation

If a child is born with Erb's Palsy, their parents face a lifetime of medical bills and other expenses. These expenses can quickly mount in the future and put financial pressure on families. Brooklyn Erb's Palsy lawyers can assist parents seek an equitable amount of compensation.

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

Some babies' shoulders are trapped behind the mother's cervix during vaginal birth (shoulder dystocia). In such cases the doctor may attempt to dislodge the infant's shoulder by pulling more forcefully on the shoulders and head or by using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor can identify risk factors for shoulder dystocia and take preventative steps. If a doctor fails to do this could be held accountable for claims relating to Erb's Palsy.

To prove malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviance from the accepted procedure proximately caused the injury. Defendants often claim that shoulder dystocia is caused by non-related causes, such as the abnormality of the baby's posture or intrauterine malformations.