Erb's Palsy Attorneys

Parents whose children develop Erb's Palsy often have concerns about whether medical negligence was a factor in the development of their child's condition. The injury can result by excessive pulling on brachial-plexus which is a group of shoulder nerves.

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

Compensation

It can be expensive to raise and take care of a child with the condition Erb's -. A lawyer can assist families get the financial aid they require to pay for these expenses. This can include money to cover medical expenses, physical and occupational therapy adaptation devices, emotional support and other expenses.

A successful lawsuit can also bring medical professionals who have been negligent to account. This will stop them from making the same mistakes again in the future. Legal action can give families a sense satisfaction and closure after they have seen their child's lives turned upside-down by an injury to their birth.

Erb's Palsy may occur when a baby is injured by the brachial-plexus nerves while being born. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during labor. This can be caused by the improper application of tools like vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders to help with complications.

Erb's palsy lawsuits can be filed if a doctor is not prepared to manage complications that may occur during the birth of a child. A lawyer can help make the process as stress free as possible for the family. They can collect hospital records, witness statements and more, to build a solid case on the family's behalf. They can also negotiate an acceptable settlement with the other party.

Statute of limitations

The law requires families to make a claim within a specific time period after the child's injury. The statute of limitations may differ from state to state. Kansas is one example. It requires that families file a claim within two years from the birth of a child injured. Certain states have deadlines that are extended. It is imperative 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 the proper time period.

Your legal team will file an official complaint against the parties that are responsible for your child's Erb palsy. The defendants could include your obstetrician and other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorneys will gather evidence to prove that there was medical malpractice and that the injuries could have been prevented. They will comb through your child's medical records and gather expert testimony to back your case.

Based on the circumstances, your Erb's palsy lawyer may make a deal or take the case to trial. Settlements typically provide faster access to compensation than a trial could. It is not certain that the settlement amount will be fair to your family. Your attorney will strive to reach the maximum compensation award possible.

Filing an action

The process for filing a lawsuit varies according to the state, however generally, an attorney will analyze the case's specifics and facts as part of an assessment of legal rights for free. The lawyer will inform the client whether they have a valid case.

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

Lawsuits that are successful will provide families with cash compensation to pay for the treatment of their child. They also will help others avoid suffering the same fate as they did by making healthcare professionals accountable for their negligence.

A lawsuit will consist of two lawyers representing their clients. They will attempt to convince a judge or jury the healthcare provider for their client acted appropriately and reasonably, while the lawyers of the defendant will argue against. If a settlement cannot be reached the case will go to trial. The duration of a trial will depend on the amount of evidence presented and the difficulty of the case. The majority of cases are settled outside of court. This is because a trial can add a significant amount of time to the legal process and may result in no compensation for the plaintiff if the judge or jury does not agree with the plaintiff's argument.

Mediation

If a child is born with Erb's Palsy the parents face a lifetime of medical care and other costs. These costs can quickly add up and create financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents seek an equitable amount of compensation.

The cause of Erb's palsy is the result of damage to the brachial plexus nerves, that run from the spinal cord down the neck and into the arm. These nerves are susceptible to injury through a variety ways, for example, by pulling excessively on the baby's head and shoulders during the birth. Erb's palsy can be caused by use of forceps in delivery. In the course of a delivery, a doctor might pull too hard or stretch the shoulder to remove it from the birth canal and cause damage to the brachial plexus.

Some babies' shoulders become stuck behind the mother's cervical region in vaginal delivery (shoulder dystocia). In these cases the doctor might try to free the shoulder by pulling on the shoulders or head or using forceps. This can cause strain on the brachial plexus nerves. This can cause erb's palsy law firms palsy. A doctor is able to identify the risk factors that can cause shoulder dystocia, and take preventative steps. A doctor who fails to do this can be held responsible for claims relating to Erb's Palsy.

In order to prove the malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviation from the accepted practice directly caused the injury. Defense lawyers often claim that shoulder dystocia is caused by unrelated factors, like abnormalities of the baby's position, or intrauterine malformations.