Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy often have questions about whether medical negligence was the cause in their child's condition. The injury can result from excessive pulling on a bundle of nerves in the shoulders known as the brachial nerve.

An experienced lawyer can help victims receive financial compensation. Settlements could cover therapy, surgery, and future medical treatment.

Compensation

It can be expensive to care for and raise the child who has Erb's Palsy. An attorney can help families receive the compensation needed to cover these expenses. This includes money to pay for medical expenses, physical and occupation therapy as well as adaptive devices, emotional support, and other costs.

A successful lawsuit could be able to hold negligent medical professionals accountable. This will prevent them from making the same mistakes again in the future. Legal action can provide families with the sense of justice and closure when their child's life has been turned upside down due to an injury to their birth.

If a baby sustains an injury to the brachial plexus nerves in delivery, it can cause Erb's palsy. These injuries result from excessive stretching or pulling of the baby's head and shoulders during birth. This could be caused by the improper use of tools like vacuum extractors or forceps during labor. It could also happen when doctors press on the baby's shoulders to resolve complications.

Erb's palsy lawsuits can be filed when a doctor is unable to properly prepare and manage complications that may occur during childbirth. An attorney can work to make the process as simple as is possible for the family. They can gather hospital records as well as witness statements to construct a convincing argument on behalf of the family. They can also negotiate an equitable settlement with the other party.

Statute of Limitations

Families are required by law to file a lawsuit in a certain time frame after their child has been injured. The time limit for filing a lawsuit may differ by state. Kansas, for example, requires a family to file a claim within two years of the birth of their injured child. Certain states have longer deadlines. It is imperative to talk with a reputable Erb's palsy lawyer as soon as you can to make sure that your family can file their claim within the appropriate time period.

Your legal team will file a formal complaint against the people who are responsible for your child's Erb palsy. The defendants could include your obstetrician, any other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to show that there was medical negligence and that the injuries could have been prevented. They will look through your child's records and gather expert testimony to support your claim.

Depending on your situation, your Erb's palsy lawyer will either settle the case or take the case to trial. A settlement typically allows compensation to be received faster than the time required for a court trial. It isn't guaranteed that the settlement amount will be fair to you and your family. Your attorney will do everything to secure the maximum compensation.

Filing an action

The procedure for filing a lawsuit is different according to the state, however generally, attorneys review the case details and facts as part an evaluation of the legal situation for free. The attorney will tell the client whether they have a valid case.

If the lawyer believes the claim is meritorious, he will send a letter to the doctor asking for compensation. The amount sought will be based on the severity of the injury and the amount they will cost to treat. Most Erb's lawyers recommend settling out of court to speed up the process and avoid a lengthy trial.

If the lawsuit is successful, the families will receive financial compensation for the care of their child. They will also help to prevent other children from suffering the same fate by holding healthcare professionals responsible for their negligence.

A lawsuit will involve two teams of lawyers representing their clients. They will attempt to convince a judge or jury that their client's healthcare professional acted reasonably and appropriately and appropriately, while the lawyers of the defendant will argue that they did not. The case will be tried if a settlement is not reached. The length of the trial will be determined by how much evidence is presented and the extent of the case. Most cases are settled out of court. A trial can take a long time and may not result in a settlement for the plaintiff in the event that the judge or jury are not in agreement with their arguments.

Mediation

If a child is born with Erb's Palsy, their parents face a lifetime of medical care and other expenses. These costs can quickly add up and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents obtain an equitable amount of compensation.

The root of Erb's Palsy is the damage to the brachial plexus nerves, which run from the spinal cord to the neck before reaching the arm. The nerves can be damaged in different ways such as excessive pulling on the baby's shoulders and head during delivery. Erb's Palsy can also result from the forceps used during delivery. In the course of a delivery one may feel a doctor pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.

Shoulder dystocia occurs when a baby's shoulders get stuck behind the cervical cervix of the mother. In these cases, the doctor may try to release the shoulder by pulling the shoulders or head or using forceps. This can strain the brachial nerves and cause Erb's palsy. It is possible for a physician recognize risk factors that can cause shoulder dystocia and Erb's palsy take preventative measures. If a doctor does not take this step could be held responsible for the claims of Erb's palsy.

Plaintiffs must show that the defendant's deviation from the accepted procedure caused the injury in order to prove malpractice. Defense lawyers often claim that shoulder dystocia is caused due to unrelated factors, such as a change of the baby's position, or intrauterine malformations.