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Parents of children with Erb's Palsy often worry about whether medical negligence caused their child's condition. This injury can be caused by excessive pulling on a ring of nerves in the shoulders known as the brachial complex.
An experienced attorney can help victims receive financial compensation. A settlement may cover future medical treatments as well as therapy and surgery.
Compensation
It can be expensive to raise and care for a child with Erb's palsy. A lawyer can help families get the compensation they require to pay for these costs. This includes money to pay for medical expenses, physical and occupational therapy as well as adaptive devices, emotional support and many other costs.
A successful lawsuit may also make medical professionals accountable for their negligence. This can help them avoid making the same mistake in the future. Legal action can give families a sense closure and justice after they have seen their child's lives turned upside-down by an injury at birth.
If a baby is afflicted with an injury to the brachial plexus nerves in delivery, it can cause Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during delivery. This can be caused by the improper application of tools like vacuum extractors or forceps during labor. It can also happen when doctors press on the baby's shoulders in order to solve any issues.
If a physician fails to properly prepare for and handle complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can help make the process as simple as possible for the family. They can collect the hospital records and witness statements to build an argument for the benefit of the family. They can also negotiate with the opposing side to negotiate an equitable settlement.
Statute of limitations
Families are legally required to file a lawsuit in the specified timeframe after their child has been injured. State-specific statutes of limitations can vary. Kansas is one example. It requires families to make a claim within two years from the birth of a child injured. Certain states have longer deadlines, and it is important to consult with a reputable Erb's palsy attorney as soon as possible in order to ensure your family can file a claim within the required window.
Your legal team will bring a lawsuit against the parties accountable for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants, along with the hospital where the incident occurred. During the discovery phase, your lawyers will collect evidence to show that there an error in medical care and that the injuries could have been avoided. They will review your child's medical records and gather expert testimony to back your case.
Based on the circumstances, your Erb's palsy lawyer will either make a deal or take the case to trial. A settlement usually allows for compensation to be received faster than the time required for a court trial. It isn't certain that the settlement amount will be fair to you and your family. Your lawyer will do everything possible to secure the maximum compensation.
Filing a Lawsuit
The process of filing a lawsuit varies by state, but it usually begins with an attorney looking over the case's details and facts during a free legal assessment. They will then inform the client if they have an issue.
If a claim is viable, the lawyer will mail the doctor an email requesting financial compensation. The amount requested will be determined by the extent of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will suggest settling out of court to speed up the process and avoid a lengthy trial.
If the lawsuit is successful, families will be awarded monetary compensation for Erb's palsy the treatment of their child. By demanding that healthcare professionals be held accountable for their mistakes, they will also help keep future children from suffering the exact same fate.
Two teams of lawyers will present arguments for clients in an action. They will attempt to persuade a judge or jury that their client's healthcare professional behaved in a fair and appropriate manner, whereas the lawyer representing the defendant will argue that they did not. The case will be argued if a settlement is not reached. The length of the trial will depend on the amount of evidence presented and the degree of complexity. However, the majority of cases are settled out of court. This is due to the fact that a trial can add a significant amount of time to the legal process and may result in no compensation if the jury or judge doesn't agree with the plaintiff's argument.
Mediation
When a child is born with erb's palsy law firms Palsy parents are faced with an entire life of medical expenses and other costs. These expenses can quickly mount up and place a financial burden on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy lawyers.
The cause of Erb's palsy is the damage to the brachial-plexus nerves that run from the spinal cord down the neck, and eventually into the arm. These nerves are susceptible to injury in different ways by excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can also arise from the use of forceps during birth. When delivering the doctor may pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.
Shoulder dystocia occurs when baby's shoulders get stuck behind the mother's cervical cervix. In such cases the doctor may try to free the infant's shoulder by pulling harder on the shoulders and head or using forceps. This could cause overstretching of the brachial nerves and cause Erb's palsy. A doctor is able to identify the risk factors that can cause shoulder dystocia, and take preventative measures. When a doctor fails to take this action they may be held responsible for an Erb's palsy claim.
Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury in order to establish malpractice. The defendants will often argue that shoulder dystocia is caused by non-related factors, such as a change of the baby's posture or intrauterine malformations.
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