Erb's Palsy Attorneys

Parents of children with Erb's Palsy are often concerned about whether medical malpractice was the cause of the condition of their child. The injury can result by excessive pulling on brachial-plexus, a bundle of shoulder nerves.

A knowledgeable attorney can assist victims receive financial compensation. Settlements may pay for treatments, surgeries, and future medical treatment.

Compensation

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

A successful lawsuit could also make medical professionals accountable for their mistakes. This will stop them from making similar mistakes in the future. Legal action can give families a a sense justice and closure for the child's life has been turned upside down due to an injury to their birth.

erb's palsy lawsuit Palsy can occur when the baby is injured due to the brachial-plexus nerves while being delivered. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during birth. This could be due to inadequate use of labor tools, such as forceps or a vacuum extractor or when doctors attempt to fix complications by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a physician fails to properly prepare and manage complications that may occur during the birth of a child. An attorney can assist in making the process as easy as possible for the family. They can collect hospital documents, witness statements, and much more to make a solid case on 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 their child's injury. The time limit for filing a lawsuit may differ by state. Kansas, for instance, requires families to submit a claim within two years after the birth of a child who was injured. Certain states have longer deadlines and it is essential to speak with a reputable Erb's friendsy attorney as soon as you can to ensure your family can file an claim within the proper window.

Your legal team will file a complaint against the parties accountable for your child's Erb's Palsy. Your doctor and other medical professionals could be named as defendants as well as the hospital where the injury took place. During the discovery process, your lawyers will gather evidence to show medical malpractice and that the injuries could have been preventable. They will comb through your child's medical records and gather expert witness testimony to prove your case.

Based on your particular situation your Erb's palsy law firms palsy lawyer will either settle the case or take the case to trial. Settlements typically allow compensation to be paid out faster than an appeal in court. However, it's not guaranteed that your family will receive a fair amount of settlement. Your attorney will strive to secure the highest compensation award possible.

Filing an action

The process to file a lawsuit varies by state, but generally, an attorney will examine the case's details and facts as part of an evaluation of the legal situation for free. The attorney will inform the client if they have a case that is valid.

If a claim can be made, the lawyer will send the doctor an demand letter in order to request financial compensation. The amount requested will be determined by the extent of the injuries and the cost to treat. The majority of Erb's palsy lawyers will suggest settling outside of court to expedite the process and avoid lengthy trials.

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

Two teams of lawyers will present arguments on behalf of clients in an action. They will attempt to convince jurors or judges that their client's healthcare professional acted reasonably and appropriately while the defense lawyers will argue that they did not. The case will be heard if a settlement is not reached. The length of a trial depends on the amount of evidence presented and the degree of complexity. The majority of cases are settled out of court. A trial could 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, their parents face a lifetime of medical bills and other expenses. The costs can quickly add up and put financial pressure on a family. Brooklyn Erb's Palsy lawyers can help parents to seek an equitable amount of compensation.

The brachial nerves that extend 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 many ways by excessive pulling on the baby's head and shoulders during delivery. Erb's palsy can be caused by the use of forceps in delivery. During delivery, a doctor may pull or stretch the shoulder too much to free it from the birth canal. This could cause damage to the brachialplexus.

Some babies' shoulders become lodged behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these situations the doctor may attempt to remove the shoulder by pulling on the shoulders or head more or using forceps. This can cause strain on the brachial plexus nerves. This can cause Erb's palsy. A doctor is able to identify the risk factors for shoulder dystocia and take preventative measures. If a doctor fails to do this could be held responsible for the claims of Erb's palsy.

Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury in order to prove that there was malpractice. The defendants often claim that there were other causes for the shoulder dystocia. This could be due to anomalies in the baby's position or intrauterine malformations.