Erb's Palsy Attorneys

Children who develop Erb's Palsy often have concerns about whether medical negligence was a factor in the condition of their child. This injury can be caused due to excessive pulling on the brachial plexus, a swathe of shoulder nerves.

A knowledgeable attorney can assist victims receive financial compensation. Settlements may provide future medical treatment or therapy as well as surgery.

Compensation

It can be costly to raise and care for a child with the condition Erb's -. A lawyer can help families receive the financial aid needed to cover these expenses. This includes money for medical expenses including occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit may also hold negligent medical professionals accountable. This can prevent them from making the same mistake again in the future. In the event of legal action, it can provide families with a sense of satisfaction and closure after they have seen their child's lives turned upside-down by an injury to their birth.

When a baby suffers an injury to the brachial plexus nerves in delivery, it can cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's head and shoulders during the delivery. It could be due to improper use of tools during labor like forceps or a vacuum extractor or when doctors try to treat issues by pressing on the baby's shoulder.

Erb's palsy lawsuits can be filed when a doctor does not properly prepare and deal with complications that could arise during childbirth. An attorney can make the process as stress-free as is possible for the family. They can gather the hospital records and witness statements to construct an argument that is strong on behalf of the family. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

The law requires families to make a claim within a specified time after the injury of their child. The statute of limitations may vary from state to state. Kansas for instance, requires families to file a claim within 2 years following the birth of a child who was injured. Certain states have longer deadlines and it is imperative to consult with a reputable Erb's friendsy attorney as soon as possible to ensure that your family can file an claim within the proper timeframe.

Your legal team will file a formal complaint against the parties that are accountable for your child's Erb palsy. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to prove that there was medical negligence and that the injuries could have been avoided. They will review the medical records of your child and gather expert witnesses to prove your claim.

Based on the circumstances your Erb's friend's lawyer may reach a settlement or go to the case to trial. A settlement usually provides quicker access to compensation than a trial could. However, it's not certain that your family will receive a fair amount of settlement. Your attorney will strive to reach the maximum compensation award possible.

Filing a Lawsuit

The procedure for filing a lawsuit is different by state, but in general an attorney will analyze the case's specifics and details as part of a free legal evaluation. They will then inform the client whether or not they have an issue.

If a claim can be made, the lawyer will send the doctor an email requesting financial compensation. The amount sought will be determined by the severity of the injuries and what they will cost to treat. Most Erb's palsy attorneys will recommend settling out of court to expedite the process and avoid lengthy trials.

If the lawsuit is successful, families will be awarded monetary compensation for the care of their child. They will also prevent other children from suffering the same fate, by the healthcare professionals held accountable for their negligence.

A lawsuit will include two teams of lawyers representing their clients. They will attempt to convince a judge or jury the healthcare provider who treated their client sensibly and with a sense of fairness, while the lawyers representing the defendant will argue otherwise. The case will be argued if a settlement is not reached. The length of the trial depends on the amount of evidence offered and the amount of evidence presented. However the majority of cases end up being settled out of court. A trial can be lengthy and result in no compensation for the plaintiff in the event that the judge or jury are not in agreement with their argument.

Mediation

Parents of a child who was born with Erb's Palsy will be required to pay for medical bills throughout their life. These expenses can quickly mount up and place financial strain on a family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The brachial nerves, which run through the neck into the arm can be the cause of Erb's palsy. These nerves can be injured in many ways, including when you pull too hard on your baby's head and shoulders during the birth. Erb's palsy may also result from the use of forceps during the delivery. During delivery, a doctor may pull or stretch the shoulder too far to pull it out of the birth canal. This can cause damage to the brachialplexus.

Shoulder dystocia occurs when baby's shoulders become stuck behind the cervical cervix of their mother. In such cases the doctor may try to free the baby's shoulder by pulling harder on the head and shoulders or by using forceps. This can strain the brachial plexus nerves and cause Erb's palsy. It is possible for a physician to detect risk factors that could lead to shoulder dystocia and take preventative measures. A doctor who fails to do this may be held accountable for the claims of Erb's palsy.

Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury to establish malpractice. Defendants often claim that there were no underlying causes for the shoulder dystocia. This could be due to anomalies in the baby's position or intrauterine malformations.