Erb's Palsy Attorneys

Children with Erb's Palsy are often concerned about whether medical malpractice was responsible for the condition of their child. This injury can be caused by excessive pulling on a ring of nerves in the shoulder known as the brachial complex.

An experienced lawyer can assist victims in receiving financial compensation. A settlement may cover treatment, surgery, or future medical treatments.

Compensation

It can be costly to raise and take care of a child with Erb's Palsy. An attorney can help families receive the money 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 can also be able to hold negligent medical professionals accountable. This will prevent them from repeating the same mistakes again in the future. The legal process can give families a sense peace and closure after having have seen their child's life turned upside down by a birth injury.

Erb's Palsy may occur when the baby is injured by the brachial-plexus nerves while being delivered. These injuries can be caused by excessive stretching or pulling of the baby's neck and shoulders during labor. This can be caused by inadequate use of labor tools like the vacuum extractor or forceps or when doctors attempt to fix problems by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed if a doctor does not properly prepare and deal with complications that could arise during the birth of a child. A lawyer can make the process as stress-free as is possible for the family. They can collect medical records and witness statements to create a strong argument on behalf of the family. They can also negotiate with the other side to reach an acceptable settlement.

Statute of limitations

Families are required by law to file a lawsuit within the specified timeframe after their child was injured. State-specific statutes of limitations may vary. Kansas, for instance, requires that a family submit a claim within two years from the birth of a child injured. Some states have deadlines that are longer. It is crucial to speak with a reputable Erb's palsy lawyer as quickly as you can in order to make sure that your family can file their claim within the appropriate time period.

Your legal team will make a complaint against the parties accountable for your child's Erb's Palsy. Your obstetrician and other medical professionals could be named as defendants and the hospital where the injury took place. During the discovery process, your attorney will gather evidence to show medical malpractice and that the injuries could have been preventable. They will go through the medical records of your child and gather expert testimony to support your claim.

Based on your particular situation your Erb's friend's lawyer may negotiate a settlement or take the case to trial. A settlement usually allows for compensation to be paid out faster than an appeal in court. It is not guaranteed that the amount of settlement will be fair to you and your family. Your lawyer will work hard to reach the maximum amount of compensation that is possible.

Filing an action

The procedure for filing a lawsuit varies by state, but it typically begins with an attorney reviewing the details of the case and the facts during a free legal case assessment. They will then inform the client if they have a case.

If the lawyer is convinced that a claim has merit the lawyer will send a letter to the doctor requesting compensation. The amount sought will be based on the severity of the injuries and the cost to treat. Most Erb's Palsy lawyers will suggest that you settle out of court in order to accelerate the process.

If the lawsuit is successful, the families will be awarded financial compensation for the care of their child. By holding healthcare professionals accountable for their mistakes they can also keep future children from suffering the exact same fate.

Two teams of lawyers will present arguments on behalf of clients in the course of a lawsuit. They will try to convince a jury or judge the healthcare provider who treated their client sensibly and with a sense of fairness, while the lawyers representing the defendant will argue otherwise. The case will be argued if a settlement is not reached. The length of a trial will depend on how much evidence is provided and the nature of the case. Most 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 do not agree with their arguments.

Mediation

Parents of a child born with Erb’s Palsy will have to pay for medical expenses throughout their life. These costs can quickly accumulate and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents get an equitable amount of compensation.

Damage to the brachial nerves that extend from the spine through the neck to the arm is the reason Erb's syndrome. These nerves are susceptible to injury in many ways, including by pulling excessively on the baby's head and shoulders during delivery. Erb's palsy may also result from the use of forceps during birth. During the delivery, the doctor may pull or stretch the shoulder too hard to pull it out of the birth canal. This can cause damage to the brachialplexus.

Some babies' shoulders get lodged behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these cases, the doctor might try to dislodge the infant's shoulder by pulling more forcefully on the shoulders and head or using forceps. This can overstretch the brachial plexus nerves and cause Erb's palsy. A doctor can identify the risk factors for shoulder dystocia and take preventative measures. If a physician fails to do so they may be held liable for an Erb's palsy claim.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury to prove malpractice. Defendants often claim that shoulder dystocia is caused by non-related factors, such as a change of the baby's position, or intrauterine malformations.