Erb's Palsy Attorneys

Parents of children with Erb's Palsy are often concerned about whether medical negligence was responsible for their child's condition. This injury could result from excessive pulling on the brachial-plexus, a bundle of shoulder nerves.

An experienced lawyer can help victims receive financial compensation. Settlements may pay for therapy, surgery, and future medical care.

Compensation

It can be expensive to raise and care for a child with Erb's palsy. A lawyer can help families get the financial aid they require to pay for these costs. This includes money for medical expenses, physical and occupational therapy, adaptive devices and emotional support.

A successful lawsuit may also make medical professionals accountable for their mistakes. This can stop them from repeating the same mistakes in the future. Legal action can give families a satisfaction and closure after their child's whole life has been altered by birth injuries.

Erb's Palsy may occur when babies are injured by the brachial-plexus nerves during being born. These injuries can be caused by excessive stretching or pulling of the baby's neck and shoulders during labor. This can be due to the improper use of tools during labor, such as the vacuum extractor or forceps, or it may occur when doctors try to resolve issues by pressing on the baby's shoulder.

When a doctor does not adequately prepare for and manage complications during birth, it can result in an Erb's-Plastic lawsuit. A lawyer can make the process as stress-free as possible for the family. They can gather hospital records and witness statements to create an argument for the benefit of the family. They can also negotiate an appropriate settlement with the other party.

Statute of limitations

Families are legally required to file a lawsuit within the specified timeframe after their child was injured. The statute of limitations may differ from state to state. Kansas for instance, requires families to file a case within two years after the birth of their child who was injured. Some states have deadlines that are longer. It is crucial to speak with a reputable Erb's palsy lawyer as soon as you can to ensure that your family will be able to file their claim within the appropriate time period.

Your legal team will bring a lawsuit against the people responsible for your child's Erb's syndrome. The defendants could include your obstetrician as well as other medical professionals, and the hospital where the injury occurred. During the discovery process, your attorneys will gather evidence to prove that medical malpractice occurred and that the injuries were avoidable. They will search through your child's medical records and gather expert testimony to back your case.

Based on your particular situation your Erb's palsy lawyer will either reach a settlement or go to the case to trial. Settlements typically allow the payment to be made faster than the time required for a court trial. It is not guaranteed that the amount of settlement will be fair to you and your family. Your attorney will strive to reach the maximum amount of compensation possible.

Filing an action

The process of filing a lawsuit is different for each state, but it usually starts with an attorney reviewing the case details and facts in a free legal case evaluation. They will then inform the client if they have a case.

If the lawyer believes that the claim is valid then he will send a letter to the doctor requesting compensation. The amount of compensation requested will depend on the degree of the injury and the expense to treat them. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid a lengthy trial.

Lawsuits that are successful will be able to award families the financial compensation they need to pay for their child's treatment. They also will help prevent other children from suffering the same fate as they did by holding healthcare professionals responsible for their negligence.

A lawsuit will comprise two lawyers who argue on behalf of their clients. They will try to convince the jury or judge that their client's healthcare provider acted reasonably and appropriately while the defense lawyers will argue that they did not. If a settlement cannot be reached the case will go to trial. The length of a trial depends on the amount of evidence offered and the complexity. However the majority of cases are settled out of court. A trial may take a long time and result in no compensation 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 care throughout their life. These expenses can quickly accumulate and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can assist parents obtain fair compensation.

The root of Erb's Palsy is a problem with the brachial plexus nerves which originate through the spinal cord into the neck and into the arm. These nerves can be injured through a variety ways, for example, by pulling excessively on the baby's shoulders and head during delivery. Erb's palsy may also result from the use of forceps during delivery. During a delivery one may feel a doctor pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.

Shoulder dystocia is when a baby's shoulders get caught behind the mother's cervical cervix. In these situations, the doctor may try to remove the shoulder by pulling on the shoulders or head or by using forceps. This could cause overstretching of the brachial plexus nerves and cause Erb's palsy. A doctor can recognize risk factors for shoulder dystocia, and take preventative steps. If a doctor does not do this can be held responsible for Erb's Palsy claims.

Plaintiffs must prove that the defendant's deviation from accepted practice caused the injury to prove that there was malpractice. Defendants often claim that shoulder dystocia is caused due to unrelated factors, such as abnormalities of the baby's position or intrauterine malformations.