Erb's Palsy Attorneys

Children who develop Erb's syndrome often have questions about whether medical negligence was a factor in the child's condition. The injury could be caused by excessive pulling on a bundle of nerves that run through the shoulders called the brachial plexus.

An experienced lawyer can assist victims receive financial compensation. Settlements may pay for treatments, surgeries, and future medical care.

Compensation

It can be costly to raise and care a child with the condition Erb's -. A lawyer can help families get the compensation they require to pay for these costs. This includes money for medical expenses including occupational and physical therapy, adaptive devices, and emotional assistance.

A successful lawsuit can also be a way to hold negligent medical professionals accountable. This can prevent them from making the same mistake again in the future. Legal actions can give families a satisfaction and closure after the child's life has been changed by an injury at birth.

Erb's palsy can develop when the baby is injured due to the brachial-plexus nerves while being born. These injuries can be caused by excessive stretching or pulling of the baby's head and shoulders during labor. This can be caused by inexperienced use of labor tools like a vacuum extractor or erb's Palsy lawsuits forceps, or it may occur when doctors attempt to solve issues by pressing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a doctor is unable to properly prepare and manage complications that may occur during childbirth. An attorney can make the process as easy as is possible for the family. They can collect hospital records as well as witness statements to make an argument for the benefit of the family. They can also negotiate with the other side to reach an equitable settlement.

Statute of limitations

The law obliges families to make a claim within a specified time following the incident of their child. The statute of limitations may vary by state. Kansas for instance, requires a family to file a claim within two years from the birth of their injured child. Certain states have longer deadlines. It is important to speak with 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 those responsible for your child's condition, Erb's palsy. Your doctor and other medical professionals could be named as defendants, as well as the hospital where the injury took place. During the discovery process, your attorneys will collect evidence to prove that there was medical malpractice and that the injuries were avoidable. They will review your child's records and gather expert evidence to back your claim.

Depending on your situation your Erb's palsy lawyer can make a deal or take the case to trial. Settlements usually allow the compensation to be received more quickly than a court trial. However, it's not guaranteed that your family will get a fair settlement amount. Your attorney will be diligent to secure the highest compensation award possible.

Filing a Lawsuit

The process of filing a lawsuit varies from state to state, but it typically begins with an attorney reviewing the case details and facts in a free legal case assessment. The lawyer will inform the client if they have a valid case.

If a claim is deemed to be viable the lawyer will send the doctor an demand letter in order to request financial compensation. The amount sought will be based on the severity of the injury and the cost to treat. Most Erb's palsy attorneys will recommend settling out of court to expedite the process and avoid lengthy trials.

A successful lawsuit will award families with financial compensation to pay for the treatment of their child. By holding healthcare professionals accountable for their negligence, they will also help keep future children from suffering the same fate.

Two teams of lawyers will present arguments on behalf of their clients in the course of a lawsuit. They will try to convince a jury or judge that the healthcare provider of their client acted properly and erb's palsy lawsuits in a fair manner, while the lawyers of the defendant will argue that. If a settlement is not reached the case will be put to trial. The duration of a trial will depend on how much evidence is presented and the extent of the case. The majority of cases are settled out of court. This is because the trial process can add a significant amount of time to the legal process and could result in no settlement if the jury or judge doesn't agree with the plaintiff's position.

Mediation

Parents of a child with Erb's Palsy will be required to pay for medical care throughout their life. These expenses can quickly mount up and place financial strain on families. Brooklyn Erb's Palsy lawyers can help parents seek fair compensation.

The brachial nerves which run from the spine and neck into the arm is the root of Erb's Palsy. These nerves are susceptible to injury in a variety of ways, such as by pulling excessively on the baby's head and shoulders during the birth. Erb's Palsy can also result from the use of forceps during delivery. During delivery, the doctor may pull or stretch the shoulder too far to remove it from the birth canal. This can cause injury to the brachialplexus.

Shoulder dystocia is when a baby's shoulders get stuck behind the cervical cervix that is her mother's. In these instances the doctor might attempt to dislodge the infant's shoulder by pulling harder on the shoulders and head or by using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. It is possible for a doctor recognize risk factors that can cause shoulder dystocia and take preventative measures. If a physician fails to take this action they may be held responsible for an Erb's Palsy claim.

Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury to prove malpractice. The defendants will often argue that shoulder dystocia is caused by a variety of unrelated causes, such as the abnormality of the baby's position or intrauterine malformations.