Erb's Palsy Attorneys

Parents of children with Erb's Palsy are often concerned about whether medical negligence caused their child's condition. The injury may result by excessive pulling on the brachial-plexus which is a group of shoulder nerves.

An experienced attorney can assist victims to receive financial compensation. Settlements can cover future medical treatment as well as therapy and surgery.

Compensation

It can be costly to care for and raise the child who has Erb's Palsy. A lawyer can help families get the compensation they need to cover these expenses. This includes money for medical expenses as well as occupational and physical therapy, adaptive devices, and emotional support.

A successful lawsuit may also be a way to hold negligent medical professionals accountable. This can prevent them from making similar mistakes in the future. Legal action can provide families with satisfaction and closure for their child's life has been turned upside down due to a birth injury.

Erb's Palsy may occur when a baby is injured by the brachial-plexus nerves when being delivered. These injuries result from excessive stretching or pulling of the baby's neck and shoulders during delivery. This could be due to improper use of tools during labor like forceps or a vacuum extractor or when doctors try to treat issues by pressing on the baby's shoulder.

Erb's Palsy lawsuits may be filed when a physician fails to properly prepare and deal with complications that could arise during the birth of a child. An attorney can make the process as easy as is possible for the family. They can collect hospital records, witness testimony, and more to build a strong case on the behalf of the family. They can also negotiate with the opposing party to reach a fair settlement.

Statute of limitations

The law requires families to bring a lawsuit within a set time after their child's injury. State-specific statutes of limitations may vary. Kansas for instance, requires families to file a case within two years of the birth of their injured child. Some states have extended deadlines. It is crucial to speak with a reputable Erb's palsy lawyer as quickly as you can, to ensure that your family is able to file their claim within the proper time period.

Your legal team will bring a lawsuit against the parties accountable for your child's Erb's syndrome. The defendants could include your obstetrician, other medical professionals, and the hospital where the injury occurred. During the discovery phase, your lawyers will gather evidence to prove that there medical malpractice occurred and that the injuries could have been prevented. They will review your child's records and gather expert witnesses to prove your claim.

The Erb's Palsy lawyer you choose to work with will negotiate settlements based on your particular situation or take the case to the court. Settlements typically allow compensation to be paid out faster than a court trial. It isn't guaranteed that the amount of settlement will be fair to your family. Your attorney will be diligent to secure the highest settlement amount that you can get.

Filing a Lawsuit

The procedure for filing a lawsuit varies by state, but generally, attorneys review the case details and the facts as part of a free legal evaluation. The attorney will tell the client if they have a case that is valid.

If the lawyer believes that a claim is legitimate and merits consideration, he will write a letter to the doctor requesting compensation. The amount sought will be determined based on the extent of the injuries and what they will cost to treat. Most Erb's palsy attorneys will suggest settling out of court to speed up the process and avoid a lengthy trial.

The lawsuits that succeed will be able to award families cash compensation to pay for the treatment of their child. By making healthcare professionals accountable for their mistakes and wrongful conduct, they will also prevent future children from suffering the same fate.

Two teams of lawyers will argue on behalf of clients in the course of a lawsuit. They will try to convince a judge or jury the healthcare provider for their client acted appropriately and reasonably, while the lawyers representing the defendant will argue for a different position. If a settlement cannot be reached the case will be put to trial. The length of a trial depends on the amount of evidence provided and the level of complexity. However, the majority of cases end up being settled out of court. This is because a trial can add a significant amount of time to the legal process and could result in no compensation if a jury or judge doesn't agree with the plaintiff's argument.

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 cause financial stress on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy attorneys.

The root cause of erb's palsy lawsuit syndrome is the damage to the brachial nerves which extend from the spinal cord through the neck and into the arm. These nerves are susceptible to injury in a variety of ways, including through excessive pulling on the baby's shoulders and head during delivery. Erb's Palsy may also be caused by the forceps used during delivery. During a birth physician may pull too hard or stretch the shoulder to remove it from the birth canal and cause damage to the brachial plexus.

Shoulder dystocia happens when a baby's shoulders get caught behind the mother's cervical cervix. In these situations the doctor might try to remove the shoulder by pulling the shoulders or head or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. A doctor is able to identify the risk factors that can cause shoulder dystocia and take preventative steps. If a doctor does not take this step could be held accountable for claims related to Erb's 'Palsy.

Plaintiffs must prove that the defendant's aversion to the accepted method caused the injury in order to establish malpractice. Defendants often claim that there are no other reasons for the child's shoulder dystocia. This could be due to abnormalities in the baby's positioning or intrauterine malformations.