Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy are often worried about whether medical negligence was the cause of the condition of their child. This injury can be caused by excessive pulling on a ring of nerves located in the shoulders known as the brachial plexus.

An experienced lawyer can assist victims receive financial compensation. A settlement could cover future medical expenses as well as therapy and surgery.

Compensation

It can be expensive to raise and take care of a child who has Erb's Palsy. A lawyer can assist families get the compensation they need to cover these costs. This includes money for medical expenses, physical and occupational therapy, adaptive devices, and emotional support.

A successful lawsuit could also be a way to hold negligent medical professionals accountable. This can prevent them from making the same mistake in the future. Legal action can provide families with a sense of peace and closure after having have seen their child's life changed by a birth injury.

When a baby suffers an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries are usually caused due to excessive pulling or stretching of the baby's shoulders and head during birth. This can be caused by the improper use of tools like vacuum extractors or forceps during labor. It may also occur when doctors push on the baby's shoulders to treat any complications.

When a doctor does not properly prepare for and handle complications during the birth, it may result in an Erb's Palsy lawsuit. An attorney can make the process as painless as is possible for the family. They can collect hospital records, witness testimony, and much more to make an effective case on behalf of the family's behalf. They can also negotiate an equitable settlement with the other party.

Statute of limitations

The law obliges families to file a lawsuit within a certain time frame after the injury of their child. The time limit for filing a lawsuit may differ from state to state. Kansas is an example. It requires families to file a case within two years of the birth of their child who has been injured. Some states have extended deadlines. It is important to speak with a reputable Erb's palsy lawyer as soon as possible in order to make sure that your family can file their claim within a certain time period.

Your legal team will bring a lawsuit against the people responsible for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants along with the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to show that there was medical negligence and that the injuries could have been avoided. They will search through your child's records and gather expert witnesses to prove your claim.

Based on the circumstances the Erb's lawyer may negotiate a settlement 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 is not certain that the amount of settlement will be fair to you and your family. Your attorney will be diligent to reach the maximum amount of compensation possible.

Filing a Lawsuit

The process of filing a lawsuit differs from state to state, but it generally begins with an attorney looking over the details of the case and the facts in a free legal case evaluation. They will then inform the client if they have an issue.

If the claim is valid, the lawyer will mail the doctor an order letter requesting financial compensation. The amount of compensation sought will depend on the severity of the injuries and the cost of treatment. The majority of Erb's palsy lawyers will suggest settling out of court to speed up the process and avoid a lengthy trial.

Lawsuits that are successful will be able to award families the financial compensation they need to pay for their child's treatment. They will also others avoid being affected by the same fate by holding healthcare professionals responsible for their negligence.

A lawsuit will involve two teams of lawyers who argue on behalf of their clients. They will try to convince jurors or judges that their client's healthcare provider did the right thing and in a reasonable manner while the defense lawyers 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 that is presented and the amount of evidence presented. However the majority of cases are settled out of court. A trial may take a long time and result in no compensation for the plaintiff if the jury or the judge do not agree with their argument.

Mediation

When a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other costs. These expenses can quickly accumulate and put a financial strain on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The brachial nerves which run through the neck to the arm is the root of Erb's Palsy. These nerves are susceptible to injury in many ways, including when you pull too hard on your baby's head and shoulders during delivery. Erb's syndrome can also arise from the use of forceps during birth. During a delivery the doctor may pull too hard or stretch the shoulder in order to free it from the birth canal and cause damage to the brachial plexus.

Some infants' shoulders become trapped behind the mother's cervix in vaginal delivery (shoulder dystocia). In such cases the doctor may try to dislodge the infant's shoulder by pulling more forcefully on the shoulders and head or using forceps. This can cause strain on the brachial nerves and cause Erb's palsy. A doctor can identify risk factors for shoulder dystocia, and take preventative steps. A doctor who fails to do this can be held responsible for claims relating to Erb's Palsy.

To prove that there was a malpractice in a lawsuit, plaintiffs must show that the defendant's departure from accepted practice proximately caused the injury. Defendants often claim that shoulder dystocia is caused by a variety of unrelated factors, such as abnormalities of the baby's positioning or intrauterine malformations.