Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy are often worried about whether medical malpractice was responsible for the condition of their child. The injury could be caused by excessive pulling on a bundle of nerves in the shoulders called the brachial plexus.

An experienced attorney can help victims receive financial compensation. Settlements may provide future medical expenses, therapy, and surgery.

Compensation

It can be expensive to raise and care for Erb's palsy lawyers children with Erb's palsy. An attorney can assist families receive the financial aid needed to cover these costs. This includes money to pay for medical expenses, physical and occupation therapy, adaptive devices, emotional support, and other costs.

A successful lawsuit can also make medical professionals accountable for their mistakes. This can prevent them from making the same mistake in the future. Taking legal action can give families a sense closure and justice after they have seen their child's life changed by an injury at birth.

If a newborn suffers an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries are usually caused by excessive pulling or stretching of the baby's head and shoulders during delivery. This can be due to the improper use of tools during labor like forceps or a vacuum extractor or when doctors try to treat problems by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a physician is not prepared to manage complications that may occur during childbirth. A lawyer can make the process as simple as possible for the family. They can gather hospital records as well as witness statements to create a convincing argument on behalf of the family. They can also negotiate a fair settlement with the other party.

Statute of Limitations

The law obliges families to make a claim within a specific time period following the incident of their child. State-specific statutes of limitations can differ. Kansas is one example. It requires that a family file a claim within 2 years from the birth of a child who was injured. Certain states have longer deadlines, and it is important to talk with a reputable Erb's palsy attorney as soon as possible in order to ensure your family can file an claim within the proper window.

Your legal team will file an official complaint against the people who are accountable for your child's Erb palsy. Your obstetrician and other medical professionals could be named as defendants along with the hospital where the injury occurred. During the discovery phase, your lawyers will gather evidence to prove that there an error in medical care and that the injuries could have been prevented. They will review your child's medical records and gather expert witness testimony to support your case.

Your Erb's palsy attorney will negotiate a settlement based on your circumstances or take the case to court. Settlements typically provide faster access to compensation than a trial would. However, it's not certain that your family will get a fair settlement. Your attorney will do all he can to get you the maximum amount of compensation.

Filing an action

The procedure for filing a lawsuit differs from state to state, but it generally begins with an attorney looking over the case's details and specifics in a free legal case assessment. They will then advise the client whether or not they have an issue.

If the lawyer thinks a claim has merit, he will send an email to the doctor requesting compensation. The amount requested will be determined based on the extent of the injuries and what they will cost to treat. Most Erb's palsy lawyers will recommend that you settle your case out of court to accelerate the process.

The lawsuits that succeed will award families with an amount of money to cover the treatment of their child. They will also help others avoid suffering the same fate as they did by holding healthcare professionals responsible for their negligence.

Two teams of lawyers will present arguments on behalf of the clients in a lawsuit. They will attempt to convince a judge or jury that their client's healthcare provider behaved in a fair and appropriate manner, while the defendant's lawyers will argue that they did not. The case will be tried should a settlement not be reached. The duration of a trial will be determined by how much evidence is presented and the extent of the case. The majority of cases are settled outside of court. This is because the trial process can add a significant amount of time to the legal process and Erb's Palsy lawyers may result in no settlement if the jury or judge do not support the plaintiff's case.

Mediation

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

The brachial nerves which run through the neck into the arm is the root Erb's syndrome. These nerves can be injured in many ways such as excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can also arise from the use of forceps during the delivery. During a birth, a doctor might pull too hard or stretch the shoulder to remove it from the birth canal and cause damage to the brachial plexus.

Shoulder dystocia is when a baby's shoulders get caught behind the cervical cervix of their mother. In these instances the doctor may try to free the infant's shoulders by pulling more forcefully on the head and shoulders or using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor can recognize the risk factors for shoulder dystocia, and take preventative steps. When a doctor fails to do this and is found to be negligent, they could be held liable for an Erb's palsy claim.

Plaintiffs must prove that the defendant's aversion to the accepted method caused the injury to prove malpractice. Defendants often argue that there were no underlying causes of the child's shoulder dystocia, such as abnormalities in the baby's positioning or intrauterine malformations.