Erb's Palsy Attorneys

Parents of children suffering from Erb's psoriasis are often concerned about whether medical negligence was responsible for the condition of their child. The injury could result from excessive pulling on a bundle of nerves that run through the shoulders known as the brachial plexus.

An experienced lawyer can help victims in receiving financial compensation. A settlement may cover the cost of surgery, therapy, or future medical expenses.

Compensation

It can be expensive to raise and care a child who has Erb's Palsy. An attorney can assist families receive the compensation needed to cover these costs. This includes money to cover medical expenses, physical and occupational therapy adaptation devices, emotional support, and other expenses.

A successful lawsuit may also bring medical professionals who were negligent to blame. This can help them avoid making the same mistake again in the future. Legal actions can give families a a sense justice and closure when their child's life has been turned upside down due to 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 usually caused by excessive pulling or stretching of the baby's shoulders and head during the birth. This can be caused by the improper use of tools, such as vacuum extractors or forceps during labor. It could also happen when doctors press on the baby's shoulders in order to resolve complications.

If a doctor doesn't adequately prepare for and manage complications during birth, it can result in an Erb's palsy lawsuit. An attorney can work to make the process as painless as is possible for the family. They can gather medical records and witness statements to make an argument that is strong on behalf of the family. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

Families are required by law to file a lawsuit in the specified timeframe after their child has been injured. The statutes of limitations for each state may differ. Kansas is an example. It requires a family to file a case within two years from the birth of their child who was injured. Certain states have longer deadlines. It is imperative to speak with a reputable Erb's palsy lawyer as quickly as you can in order to ensure that your family can file their claim within the proper time frame.

Your legal team will file a formal complaint against the parties who are accountable for your child's Erb palsy. Your physician and other medical professionals could be named as defendants, along with the hospital where the injury occurred. During the discovery process, your lawyers will collect evidence to show medical malpractice and that the injuries could have been preventable. They will look through your child's records and gather expert evidence to support your claim.

Depending on the situation your Erb's palsy lawyer will either settle the case or take the case to trial. A settlement typically allows the compensation to be received more quickly than the time required for a court trial. It isn't guaranteed that the amount of settlement will be fair to your family. Your attorney will do everything possible to ensure you receive the highest compensation.

Filing a Lawsuit

The process for filing a lawsuit differs according to the state, however generally, a lawyer will review the case details and facts as part an assessment of legal rights for free. The lawyer will inform the client if they have a valid case.

If the claim is valid the lawyer will send the doctor a demand letter asking for financial compensation. The amount requested will be determined based on the extent of the injuries and the cost to treat. The majority of Erb's palsy lawyers will suggest settling out of court to speed up the process and avoid a lengthy trial.

Lawsuits that are successful will give families an amount of money to cover the treatment of their child. They will also help to prevent other children from being affected by the same fate by making healthcare professionals accountable for their negligence.

Two teams of lawyers will present arguments on behalf of their clients in a lawsuit. They will attempt to persuade jurors or judges that their client's healthcare provider did the right thing and in a reasonable manner, while the defendant's lawyers will argue that they did not. If a settlement cannot be reached, the case will go to trial. The duration of a trial will depend on the amount of evidence that is presented and the complexity of the case. The majority of cases are settled out of court. A trial can be lengthy and may not result in a settlement for the plaintiff if the jury or the judge are not in agreement with their arguments.

Mediation

Parents of a child born with Erb’s Palsy will have to pay for medical treatment throughout their lives. These expenses can quickly add up and cause financial stress on the family. Brooklyn Erb's Palsy lawyers can assist parents obtain fair compensation.

The reason for Erb's palsy is a problem with the brachial nerves which extend from the spinal cord to the neck, and eventually into the arm. These nerves can become injured in a variety of ways, including when you pull too hard on your baby's head and shoulders during the birth. Erb's Palsy can also result from the use of forceps during birth. In the course of a delivery the doctor may pull too hard or stretch the shoulder to dislodge it from the birth canal, causing damage to the brachial plexus.

Some babies' shoulders get lodged behind the mother's cervix during the vaginal birth process (shoulder dystocia). In such instances the doctor may attempt to free the infant's shoulders by pulling harder on the head and shoulders or using forceps. This can overstretch the brachial plexus nerves, which can cause Erb's palsy. A doctor is able to identify the risk factors that can cause shoulder dystocia and take preventative steps. If a doctor fails to do this can be held responsible for the claims of Erb's palsy.

To prove malpractice in a lawsuit, plaintiffs must establish that the defendant's deviation from the accepted procedure proximately caused the injury. The defendants will often argue that shoulder dystocia is caused due to unrelated causes, such as the abnormality of the baby's positioning or intrauterine malformations.