Erb's Palsy Attorneys

Children who develop Erb's palsy often have questions about whether medical negligence was a factor in the development of their child's condition. The injury can result from excessive pulling on the brachial-plexus which is a group of shoulder nerves.

A knowledgeable attorney can assist victims to receive financial compensation. Settlements could cover the cost of surgery, therapy, or future medical treatments.

Compensation

It can be costly to care for and raise a child with Erb's palsy. An attorney can assist families receive the money they need to cover these costs. This includes money to cover medical expenses, physical and occupation therapy adaptation devices, emotional support and other expenses.

A successful lawsuit could make medical professionals accountable for their negligence. This can stop them from making the same mistakes in the future. Legal action can provide families with an understanding of justice and closure after the child's life has been turned upside down due to birth injuries.

If a baby sustains an injury to the brachial plexus nerves during delivery, it can cause Erb's palsy. These injuries result from excessive stretching or pulling of the baby's shoulders and head during the delivery. This could result from the improper application of tools like vacuum extractors or forceps during labor. It could also happen when doctors push on the baby's shoulders in order to resolve complications.

If a doctor fails to adequately prepare for and manage complications during birth, it could result in an Erb's palsy lawsuit. A lawyer can make the process as easy as is possible for the family. They can collect hospital records as well as witness statements to make a convincing argument on behalf of the family. They can also negotiate with the other side to reach a fair settlement.

Statute of limitations

Families are legally required to file a lawsuit within a specific time frame after their child is injured. State-specific statutes of limitations can vary. Kansas for instance, requires families to file a claim within 2 years after the birth of a child who was injured. Certain states have longer deadlines and it is imperative to consult with a reputable Erb's palsy attorney as soon as you can to ensure that your family is able to file an claim within the proper timeframe.

Your legal team will make a complaint against the parties accountable for your child's erb's palsy law firm palsy. The defendants could include your obstetrician, any 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 an error in medical care and that the injuries could have been avoided. They will review your child's records and gather expert evidence to back your claim.

Depending on the situation, your Erb's palsy lawyer may make a deal or take the case to trial. A settlement usually provides quicker access to compensation than a trial would. However, it's not certain that your family will get a fair settlement. Your lawyer will do all he can to ensure you receive the highest compensation.

Filing an action

The procedure for filing a lawsuit is different according to the state, however generally, an attorney will look over the case's details and the facts as part of a free legal evaluation. They will then advise the client if they have an issue.

If the lawyer believes the claim is meritorious then he will send an email to the doctor asking for compensation. The amount sought will be determined based on the extent of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will suggest settling outside of court to expedite the process and avoid a lengthy trial.

Lawsuits that are successful will be able to award families an amount of money to cover their child's treatment. They also will help prevent other children from being affected by the same fate by the healthcare professionals held accountable for their negligence.

A lawsuit will consist of two lawyers arguing on behalf of their clients. They will try to convince a jury or judge that their client's healthcare provider acted appropriately and reasonably, while the lawyers of the defendant will argue for a different position. If a settlement is not reached, the case will go to trial. The length of the trial will depend on how much evidence is provided and the complexity of the case. Most cases are settled outside of court. A trial can be lengthy and may not result in a settlement for the plaintiff in the event that the jury or the judge do not agree with their argument.

Mediation

If a child is born with Erb's Palsy parents are faced with a lifetime of medical bills and other expenses. These costs can quickly mount up and cause financial stress on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The cause of Erb's palsy is the result of damage to the brachial plexus nerves which extend through the spinal cord into the neck, and eventually into the arm. These nerves are susceptible to injury in many ways that include excessive pulling on the baby's head and shoulders during the birth. Erb's Palsy can be caused by forceps used during delivery. When delivering, a doctor might pull too hard or extend the shoulder to release it from the birth canal and cause damage to the brachial plexus.

Some infants' shoulders become stuck behind the mother's cervical region during vaginal birth (shoulder dystocia). In these cases, the doctor may try to free the shoulder by pulling the shoulders or head more or using forceps. This can overstretch the brachial nerves and cause Erb's palsy. A doctor can identify risk factors for shoulder dystocia, and take preventative steps. If a doctor is unable to take this action and is found to be negligent, they could be held liable for an Erb's palsy claim.

To establish malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviation from the accepted procedure proximately caused the injury. Defendants often argue that there are no other causes for the shoulder dystocia, such as problems with the baby's posture or intrauterine malformations.