Erb's Palsy Attorneys

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

An experienced attorney can help victims receive financial compensation. A settlement could cover future medical treatments, therapy, and surgery.

Compensation

It can cost a lot to raise and care for children with Erb's palsy. A lawyer can help families get the money they need to cover these expenses. This includes money to cover medical costs, physical and occupational therapy adaptation devices, emotional support and other costs.

A successful lawsuit may also make medical professionals accountable for their negligence. This can prevent them from repeating similar mistakes in the future. The legal process can give families a sense of satisfaction and closure after they have seen their child's lives turned upside-down by an injury at birth.

If a newborn suffers an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during labor. It could be due to the improper use of tools during labor, such as a vacuum extractor or forceps, or it may occur when doctors try to treat issues by pressing on the baby's shoulder.

If a doctor doesn't properly prepare and manage complications during the birth, it may cause an Erb's palsy lawsuit. An attorney can work to make the process as simple as is possible for the family. They can gather hospital documents, witness statements, and more to build a solid case on the family's behalf. They can also negotiate with the other side to reach an equitable settlement.

Statute of limitations

The law requires families to submit a lawsuit within a specified time following the incident of their child. State-specific statutes of limitations may vary. Kansas for instance, requires families to file a case within two years of the birth of their child injured. Certain states have longer deadlines, and it is important to talk with a reputable Erb's palsy attorney as soon as you can to ensure that your family is able to file a claim within the required window.

Your legal team will file an official complaint against those who are responsible for your child's Erb palsy. The defendants could include your obstetrician, other medical professionals, and the hospital where the injury occurred. During the discovery process, your attorney will gather evidence to prove that there was medical malpractice and that the injuries were avoidable. They will review your child's medical records and gather expert testimony to back your case.

The Erb's Palsy lawyer you choose to work with will negotiate a settlement based on your circumstances or take the case to the court. Settlements usually allow the payment to be made faster than an appeal in court. It is not guaranteed that the settlement amount will be fair to you and your family. Your lawyer will do all he can to ensure you receive the highest compensation.

Filing an action

The process for filing a lawsuit varies according to the state, however in general an attorney will analyze the case's specifics and the facts as part of an assessment of legal rights for free. The attorney will tell the client whether they have a valid case.

If the lawyer thinks the claim is meritorious then he will send an email to the doctor requesting compensation. The amount requested will be determined by the severity of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will suggest settling outside of court to expedite the process and avoid a lengthy trial.

If the lawsuit is successful, it will be able to award families financial compensation to pay for their child's treatment. They will also keep other children from being affected by the same fate by holding healthcare professionals responsible for their negligence.

A lawsuit will involve two teams of lawyers arguing on behalf of their clients. They will try to convince a jury or judge that the healthcare provider who treated their client appropriately and reasonably, while the lawyers of the defendant will argue that. If a settlement is not reached the case will be put to trial. The length of the trial will be determined by the amount of evidence presented and the extent of the case. However the majority of cases settle out of court. A trial can take a long time and result in no compensation for the plaintiff if the judge or jury are not in agreement with their argument.

Mediation

If a child is born with Erb's Palsy the parents face an entire lifetime of medical treatment and other costs. The costs can quickly add in the future and put financial pressure on a family. Brooklyn Erb's Palsy lawyers can assist parents get fair compensation.

The root of Erb's Palsy is a problem with the brachial nerves which originate from the spinal cord down the neck before reaching the arm. These nerves can become injured in a variety of ways, such as by pulling too hard on the baby's head and shoulders during the birth. Erb's syndrome can also be caused by use of forceps in delivery. During delivery, the doctor may pull or stretch the shoulder too hard to take it out of the birth canal. This could cause damage to the brachialplexus.

Shoulder dystocia occurs when baby's shoulders get stuck behind the cervical cervix of the mother. In these situations the doctor may attempt to get rid of the shoulder by pulling on the shoulders or Erb's palsy attorneys head harder or by using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. It is possible for a doctor to recognize risk factors that can cause shoulder dystocia and take preventative measures. A doctor who fails to do this could be held responsible for Erb's Palsy claims.

Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury to prove malpractice. Defendants often argue that there were no underlying causes for the child's shoulder dystocia, for example anomalies in the baby's position or intrauterine malformations.