Erb's Palsy Attorneys

Parents of children with Erb's Palsy often worry about whether medical malpractice was responsible for their child's condition. The injury can result by excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves.

An experienced lawyer can help victims in obtaining financial compensation. A settlement could cover future medical expenses, therapy, or 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 require to pay for these expenses. This includes money to pay for medical costs, physical and occupational therapy as well as adaptive devices, emotional support and other costs.

A successful lawsuit could also hold negligent medical professionals accountable. This will prevent them from repeating similar mistakes in the future. Legal action can provide families with the sense of justice and closure when the child's life has been turned upside down due to an injury to their birth.

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

When a doctor does not properly prepare and manage complications during birth, it could result in an Erb's-Plastic lawsuit. A lawyer can make the process as stress-free as is possible for the family. They can collect hospital records, witness statements and more, to build an effective case on behalf of the family's behalf. They can also negotiate with the other party to reach an equitable settlement.

Statute of limitations

The law obliges families to make a claim within a certain time frame following the incident of their child. The statutes of limitations for each state may differ. Kansas is an example. It requires a family to file a case within two years of the birth of their injured child. Some states have extended deadlines. It is imperative to speak with a reputable Erb's palsy lawyer as quickly as you can, to make sure that your family can file their claim within the appropriate time period.

Your legal team will submit a complaint to the parties responsible for your child's Erb's Palsy. The defendants could include your obstetrician, other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorney will gather evidence to show medical malpractice and that the injuries could have been prevented. They will go through the child's medical records and gather expert testimony to support your claim.

Based on the circumstances, your Erb's palsy lawyer can reach a settlement or go to the case to trial. Settlements typically allow compensation to be paid out faster than the time required for a court trial. It isn't guaranteed that the settlement amount will be fair to your family. Your attorney will work diligently to secure the highest amount of compensation that is possible.

Filing an action

The procedure for filing a lawsuit varies according to the state, however generally, attorneys examine the case's details and facts as part an evaluation of the legal situation for free. The lawyer will inform the client whether they have a case that is valid.

If a claim is deemed to be viable, the lawyer will mail the doctor an order letter requesting financial compensation. The amount of compensation requested will be determined by the severity of the injuries as well as the cost to treat them. Most Erb's palsy attorneys will suggest settling out of court to expedite the process and avoid a lengthy trial.

The lawsuits that succeed will give families financial compensation to pay for their child's treatment. They also will help to prevent other children from suffering the same fate, by holding healthcare professionals responsible for their negligence.

A lawsuit will include two teams of lawyers arguing on behalf of their clients. They will try to convince a jury or judge their client's healthcare provider acted properly and in a fair manner, while the lawyers representing the defendant will argue otherwise. The case will go to trial should a settlement not be reached. The length of a trial will be determined by the amount of evidence presented and the difficulty of the case. Most cases are settled out of court. This is due to the fact that trial proceedings can add significant amount of time to the legal process and could result in no compensation if a jury or judge doesn't agree with the plaintiff's position.

Mediation

Parents of a child who was born with Erb's Palsy will be required to pay for medical care throughout their lives. These costs can quickly accumulate and create financial strain on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy lawyers.

The reason for Erb's palsy is the result of damage to the brachial nerves which run from the spinal cord to the neck and into the arm. The nerves can be injured in many ways, including by pulling excessively on the baby's head and shoulders during delivery. Erb's Palsy may be caused by the use of forceps in delivery. During a birth one may feel a doctor pull too hard or stretch the shoulder to dislodge it from the birth canal, causing damage to the brachial plexus.

Some babies' shoulders become stuck behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these instances the doctor might try to remove the shoulder by pulling the shoulders or head 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 doctor fails to do this could be held accountable for Erb's Palsy claims.

To prove that there was a malpractice in a lawsuit, plaintiffs must prove that the defendant's departure from the accepted procedure proximately caused the injury. Defense lawyers often claim that shoulder dystocia is caused by a variety of unrelated factors, such as abnormalities of the baby's position, or Erb's palsy attorneys intrauterine malformations.