Erb's Palsy Attorneys

Parents whose children develop Erb's syndrome often have questions about whether medical negligence was a factor in the development of their child's condition. The injury could be caused by excessive pulling on a bundle of nerves that run through the shoulders known as the brachial nerve.

An experienced lawyer can assist victims to receive financial compensation. A settlement may cover future medical treatments, therapy, or surgery.

Compensation

It can be costly to raise and take care of a child with the condition Erb's -. A lawyer can assist families get the financial aid they need to cover the costs. This includes funds for medical expenses such as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit could also bring medical professionals who have been negligent to account. This can prevent them from making the same mistake in the future. In the event of legal action, it can give families a sense closure and justice after they have seen their child's life turned upside down by a birth injury.

If a baby is afflicted with an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's head and shoulders during labor. This could be caused by the incorrect application of tools like vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders in order to resolve complications.

Erb's Palsy lawsuits can be filed when a physician is not prepared to deal with complications that could arise during childbirth. An attorney can make the process as painless as is possible for the family. They can collect hospital records, witness statements and much more to make a solid case on the behalf of the family. They can also negotiate a fair settlement with the other party.

Statute of Limitations

The law obliges families to submit a lawsuit within a certain time frame after the child's injury. State-specific statutes of limitations may vary. Kansas for instance, requires families to file a claim within two years following the birth of a child who was injured. Some states have deadlines that are longer. It is imperative to seek out a reputable Erb's palsy lawyer as quickly as you can to ensure that your family can file their claim within the required time period.

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

Depending on the situation, your Erb's palsy lawyer will either negotiate a settlement or take the case to trial. A settlement usually allows for compensation to be paid out faster than a court trial. However, it is not guaranteed that your family will get a fair settlement. Your lawyer will work hard to reach the maximum amount of compensation that is possible.

Filing an action

The procedure for filing a lawsuit is different for each state, but it typically begins with an attorney looking over the details of the case and the facts in a free legal case evaluation. The attorney will tell the client if they have a case that is valid.

If a claim is viable the lawyer will send the doctor a demand letter asking for financial compensation. The amount requested will be determined by the extent of the injuries and the cost to treat. Most Erb's palsy attorneys will suggest settling outside of court to speed up the process and avoid lengthy trials.

The lawsuits that succeed will give families an amount of money to cover the child's medical treatment. They will also 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 the clients in a lawsuit. They will try to convince jurors or judges that their client's healthcare professional behaved in a fair and appropriate manner and appropriately, while the lawyers of the defendant will argue that they did not. If a settlement is not reached the case will go to trial. The length of the trial depends on the amount of evidence presented and the level 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. It could also result in no compensation if the judge or jury does not agree with the plaintiff's position.

Mediation

Parents of a child who was born with Erb’s Palsy will have to pay for medical care throughout their lives. The costs can quickly add over time and put financial stress on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

Damage to the brachial nerves, which run from the spine through the neck to the arm is the reason of Erb's Palsy. These nerves can be injured in a variety of ways, including excessive pulling on the baby's head and shoulders during the birth. Erb's syndrome can also be caused by the forceps used during delivery. In the course of a delivery, a doctor might pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.

Some infants' shoulders become trapped behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these situations, the doctor may try to get rid of the shoulder by pulling on the shoulders or head more or using forceps. This could cause overstretching of the brachial nerves and cause Erb's palsy. A doctor should be able to recognize the risk factors for shoulder dystocia and take preventative measures. If a doctor is unable to take this action they may be held responsible for an erb's palsy lawyers palsy claim.

Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury in order to prove malpractice. Defendants will often claim that shoulder dystocia is caused due to unrelated causes, such as the abnormality of the baby's position or intrauterine malformations.