Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy are often worried about whether medical malpractice was responsible for their child's condition. The injury may result from excessive pulling on the brachial-plexus, a bundle of shoulder nerves.

An experienced lawyer can help victims receive financial compensation. A settlement may cover future medical care, therapy, and surgery.

Compensation

It can be expensive to care for and raise a child with Erb's palsy. A lawyer can help families receive the compensation needed to pay for these expenses. This includes funds for medical expenses including occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit can also hold negligent medical professionals responsible. This will stop them from making the same mistakes in the future. The legal process can give families a sense closure and justice after they had their child's world turned upside down due to a birth injury.

If a baby is afflicted with an injury to the brachial plexus nerves in the birth process, it may cause Erb's palsy. These injuries are typically caused by excessive pulling or stretching of the baby's head and shoulders during the birth. This can be caused by the improper use of tools such as vacuum extractors or forceps during labor. It can also occur when doctors press on the baby's shoulders to resolve complications.

If a physician fails to adequately prepare for and manage complications during birth, it could result in an Erb's palsy lawsuit. An attorney can make the process as stress free as possible for the family. They can collect hospital records, witness statements, and more to build an effective case on behalf of the behalf of the family. They can also negotiate with the other side to reach a fair settlement.

Statute of limitations

The law obliges families to bring a lawsuit within a certain time frame after the injury of their child. The statute of limitations can differ by state. Kansas is an example. It requires families to file a claim within two years of the birth of their injured child. Some states have longer deadlines, and it is important to speak with a reputable Erb's palsy attorney as soon as possible in order to ensure your family can file a claim within the appropriate window.

Your legal team will make a complaint against the people responsible for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants, and the hospital where the incident occurred. During the discovery process, your attorneys will collect evidence to prove medical malpractice and also prove that the injuries were avoidable. They will review the records of your child and collect expert witnesses to prove your claim.

Based on the circumstances, your Erb's palsy lawyer will either settle the case or take the case to trial. A settlement usually provides quicker access to compensation than a trial would. However, it is not certain that your family will get a fair settlement. Your lawyer will work hard to reach the maximum compensation award possible.

Filing a Lawsuit

The procedure to file a lawsuit varies by state, but generally, an attorney will look over the case's details and facts as part of a free legal evaluation. They will then advise the client if they have an issue.

If a claim is deemed to be viable, the lawyer will mail the doctor an email requesting financial compensation. The amount of money requested will be determined by the extent of the injuries and the cost of treatment. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid a lengthy trial.

If the lawsuit is successful, it will be able to award families cash compensation to pay for the child's medical treatment. By making healthcare professionals accountable for their errors and wrongful conduct, they will also to prevent future children from suffering the exact same fate.

A lawsuit will involve two teams of lawyers arguing on behalf their clients. They will attempt to convince jurors or judges that their client's healthcare professional behaved in a fair and appropriate manner while the defense lawyers will argue that they did not. The case will be argued should a settlement not be reached. The length of a trial depends on the amount of evidence provided and the degree of complexity. However most cases end up being settled out of court. A trial can take a long time and result in no compensation for the plaintiff in the event that the judge or jury do not agree with their argument.

Mediation

If a child is born with Erb's Palsy, their parents face an entire life of medical expenses and other costs. These expenses can quickly pile up and place financial strain on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is damage to the brachial nerves which run from the spinal cord down the neck and then into the arm. These nerves are susceptible to injury in various 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 the delivery. During delivery, the doctor may pull or stretch the shoulder too hard to remove it from the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders become lodged behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these instances the doctor may attempt to free the baby's shoulder by pulling more forcefully on the head and shoulders or using forceps. This can strain the brachial plexus nerves, which can cause Erb's palsy. A doctor is able to identify risk factors for shoulder dystocia, and take preventative steps. If a doctor is unable to do this, they can be held responsible for an Erb's palsy claim.

To prove malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's departure from accepted practices proximately led to the injury. The defendants often claim that there are no other causes for the shoulder dystocia, including issues with the baby's posture or intrauterine malformations.