Erb's Palsy Attorneys

Parents of children with Erb's palsy frequently have questions about whether medical negligence was a factor in the condition of their child. The injury may result by excessive pulling on brachial-plexus, a bundle of shoulder nerves.

An experienced lawyer can help victims receive financial compensation. Settlements could cover treatment, Erb's surgery, or future medical expenses.

Compensation

It can be costly to care for and raise the child who has Erb's Palsy. A lawyer can help families receive the financial aid needed to pay for these expenses. This includes money to pay for medical expenses, physical and occupational therapy adaptation devices, emotional support and other expenses.

A successful lawsuit could also bring medical professionals who were negligent to blame. This can prevent them from making the same mistake in the future. Legal actions can give families a an understanding of justice and closure when their child's whole life has been altered by an injury at birth.

Erb's palsy can develop when a baby is injured by the brachial-plexus nerves during being born. These injuries are usually caused by excessive stretching or pulling of the baby's neck and shoulders during the birth. This can be caused by improper use of tools during labor, such as the forceps or vacuum extractor, or it may occur when doctors attempt to fix problems by pushing on the baby's shoulder.

If a doctor doesn't adequately prepare for and manage complications during birth, it can result in an Erb's Palsy lawsuit. A lawyer can help make the process as easy as possible for the family. They can gather hospital records as well as witness statements to build a strong argument on behalf of the family. They can also negotiate with the opposing side to negotiate an equitable settlement.

Statute of limitations

The law obliges families to file a lawsuit within a set time after their child's injury. The statutes of limitations for each state may differ. Kansas, for instance, requires families to submit a claim within two years from the birth of a child who was injured. Certain states have longer deadlines. It is important to speak with a reputable Erb's palsy lawyer as quickly as you can in order to ensure that your family is able to file their claim within a certain time frame.

Your legal team will file an official complaint against the parties that are accountable for your child's Erb palsy. Your doctors, including your obstetrician, could be named as defendants as well as the hospital where the incident occurred. During the discovery phase, your attorneys will collect evidence to prove that there an error in medical care and that the injuries could have been avoided. They will search through the records of your child and collect expert evidence to support your claim.

The Erb's Palsy lawyer you choose to work with will negotiate an agreement based on your circumstances or take the case to court. A settlement typically allows the payment to be made faster than the time required for a court trial. It isn't guaranteed that the settlement amount will be fair to your family. Your attorney will do everything possible to get you the maximum compensation.

Filing a Lawsuit

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

If the lawyer is convinced that the claim is valid then he will send a letter to the doctor requesting compensation. The amount of compensation demanded will be determined by the degree of the injury and the cost of treating them. The majority of Erb's Palsy lawyers recommend that you settle out of court to accelerate the process.

Lawsuits that are successful will award families with cash compensation to pay for their child's treatment. They also will help keep other children from suffering the same fate, by making healthcare professionals accountable for their negligence.

A lawsuit will consist of two lawyers who argue on behalf of their clients. They will attempt to convince a judge or jury the healthcare provider who treated their client properly and in a fair manner, while the lawyers of the defendant will argue for a different position. The case will go to trial should a settlement not be reached. The length of a trial will depend on how much evidence is presented and the nature of the case. The majority of cases are settled out of court. This is because trials can add a significant amount of time to the legal process, and could result in no settlement if the judge or jury does not agree with the plaintiff's position.

Mediation

Parents of a child who was born with Erb’s Palsy will be required to pay for medical treatment throughout their life. These expenses can quickly accumulate and create financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents seek an equitable amount of compensation.

Damage to the brachial nerves, which run through the neck into the arm is the root of Erb’s palsy. These nerves are susceptible to injury in various ways that include excessive pulling on the baby's shoulders and head during delivery. Erb's palsy can also result from the use of forceps during birth. When delivering physician may pull too hard or stretch the shoulder to dislodge it from the birth canal and cause damage to the brachial plexus.

Some infants' shoulders become trapped behind the mother's cervix during vaginal birth (shoulder dystocia). In these instances the doctor may try to free the infant's shoulder by pulling harder on the shoulders and head or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. A doctor can recognize risk factors for shoulder dystocia and take preventative measures. A doctor who fails to do this can be held accountable for claims related to Erb's 'Palsy.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury in order to prove that there was malpractice. Defendants often argue that there are no other causes for the child's shoulder dystocia, including issues with the baby's posture or intrauterine malformations.