Erb's Palsy Attorneys

Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence was the cause in the child's condition. The injury could result from excessive pulling on a ring of nerves that run through the shoulders known as the brachial nerve.

An experienced attorney can assist victims receive financial compensation. A settlement may cover future medical treatment as well as therapy and surgery.

Compensation

It can be expensive to raise and care for children with Erb's palsy. An attorney can help families receive the money they need to pay for these expenses. This includes money to pay for medical expenses, physical and occupation therapy adaptation devices, emotional support and other expenses.

A successful lawsuit can also be a way to hold negligent medical professionals accountable. This will prevent them from making similar mistakes in the future. Legal action can provide families with an understanding of justice and closure for their child's entire life has been changed by an injury at birth.

Erb's spalsy can happen when the baby is injured by the brachial-plexus nerves during being born. These injuries are caused by excessive stretching or pulling of the baby's shoulders and head during birth. It could be due to inadequate use of labor tools like the vacuum extractor or forceps, or it may occur when doctors try to resolve issues by pressing on the baby's shoulder.

Erb's palsy lawsuits can be filed if a doctor does not properly prepare and manage complications that may occur during childbirth. A lawyer can make the process as easy as possible for the family. They can collect the hospital records and witness statements to build an argument for the benefit of the family. They can also negotiate an equitable settlement with the other party.

Statute of limitations

Families are required by law to file a lawsuit in the specified timeframe after their child is injured. The statute of limitations may differ by state. Kansas, for example, requires a family to file a claim within two years of the birth of their child who has been injured. Certain states have longer deadlines and it is crucial to talk with a reputable Erb's Palsy attorney as soon as possible to ensure that your family can file an appropriate claim within the window.

Your legal team will submit a complaint to the parties responsible for your child's condition, Erb's palsy. Your doctors, including your obstetrician, could be named as defendants together with the hospital in which the incident occurred. During the discovery phase, your lawyers will collect evidence to show that there was medical malpractice and the injuries could have been avoided. They will comb through the medical records of your child and gather expert witness testimony to prove your case.

Depending on your situation, your Erb's palsy lawyer can make a deal or take the case to trial. Settlements typically allow compensation to be received faster than an appeal in court. It isn't guaranteed that the amount of settlement will be fair to your family. Your attorney will work diligently to reach the maximum compensation award possible.

Filing an action

The procedure for filing a lawsuit varies by state, but generally, attorneys look over the case's details and the facts as part of a free legal evaluation. The attorney will tell the client whether they have a valid case.

If the lawyer believes that a claim is legitimate and merits consideration, he will write a letter to the doctor requesting compensation. The amount requested will be determined based on the severity of the injuries and the cost to treat. The majority of Erb's palsy lawyers will recommend settling out of court to expedite the process and avoid lengthy trials.

If the lawsuit is successful, the families will be awarded monetary compensation for the care of their child. By requiring healthcare professionals to be accountable for their negligence, they will also help prevent future children from suffering the exact same fate.

A lawsuit will involve two teams of lawyers arguing on behalf their clients. They will try to convince a judge or jury the healthcare provider for their client acted properly and in a fair manner, while the lawyers representing the defendant will argue otherwise. The case will be tried should a settlement not be reached. The duration of a trial is contingent on the amount of evidence provided and the level of complexity. However most cases are settled outside of court. A trial can take a long time and may not result in a settlement for the plaintiff in the event that the jury or the judge are not in agreement with their argument.

Mediation

If a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other expenses. These costs can quickly add up and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can assist parents to seek fair compensation.

Damage to the brachial nerves which run from the spine through the neck and into the arm can be the cause of Erb’s palsy. These nerves are susceptible to injury in a variety of ways by excessive pulling on the baby's shoulders and head during the birth. Erb's Palsy can also result from the use of forceps during delivery. During a birth physician 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 babies' shoulders are stuck behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these situations the doctor may attempt to free the shoulder by pulling on the shoulders or head or using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. It is possible for a doctor to detect risk factors that could lead to shoulder dystocia and take preventative measures. A doctor who fails to do this can be held responsible for claims related to Erb's 'Palsy.

Plaintiffs must show that the defendant's deviation from the accepted procedure caused the injury to prove malpractice. Defendants often claim that there were unrelated reasons for the child's shoulder dystocia. This could be due to problems with the baby's posture or intrauterine malformations.