Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy often have questions about whether medical negligence played a part in the child's condition. The injury can result by excessive pulling on the brachial-plexus, a bundle of shoulder nerves.

An experienced lawyer can assist victims in receiving financial compensation. Settlements may pay for treatments, surgeries, and future medical treatment.

Compensation

It can cost a lot to raise and care for the child who has Erb's Palsy. A lawyer can help families receive the compensation they require to pay for the costs. This includes money to pay for medical costs, physical and occupational therapy, adaptive devices, emotional support, and many other costs.

A successful lawsuit can also make medical professionals accountable for their negligence. This will stop them from making similar mistakes in the future. The legal process can give families a sense of peace and closure after having have seen their child's lives turned upside down by an injury to their birth.

If a baby is afflicted with an injury to the brachial plexus nerves in delivery, it can cause Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during labor. This can be due to improper use of tools during labor like a vacuum extractor or forceps or when doctors attempt to solve issues by pressing on the baby's shoulder.

Erb's Palsy lawsuits may be filed when a doctor does not properly prepare and handle complications that may arise during the birth of a child. An attorney can help make the process as stress free as possible for the family. They can collect hospital documents, witness statements, and more to create a solid case on the family's behalf. They can also negotiate with the other side to negotiate an equitable settlement.

Statute of Limitations

Families are legally required to file a lawsuit within the specified timeframe after their child is injured. The statute of limitations may vary from state to state. Kansas for instance, requires that families make a claim within two years from the birth of a child injured. Some states have longer deadlines and it is essential to speak with an experienced Erb's palsy attorney as soon as you can to ensure that your family is able to file an appropriate claim within the timeframe.

Your legal team will file an official complaint against the people who are accountable for your child's Erb palsy. Your physician and other medical professionals could be named as defendants as well as the hospital where the incident occurred. During the discovery phase, your attorney will gather evidence to prove that there was medical malpractice and the injuries could have been prevented. They will review the medical records of your child and gather expert evidence to back your claim.

Based on your particular situation, your Erb's palsy lawyer can reach a settlement or go to the case to trial. Settlements typically allow compensation to be paid out faster than the time required for a court trial. However, it is not guaranteed that your family will get a fair settlement. Your attorney will do everything to ensure you receive the highest compensation.

Filing an action

The procedure to file a lawsuit varies by state, but in general an attorney will review the case details and facts as part an evaluation of the legal situation for free. The attorney will tell the client if they have a case that is valid.

If a claim is viable, the lawyer will send the doctor an email requesting financial compensation. The amount sought will be determined based on the severity of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid a lengthy trial.

If the lawsuit is successful, the families will be awarded financial compensation for the care of their child. They will also help prevent other children from suffering the same fate by the healthcare professionals held accountable for their negligence.

Two teams of lawyers will present arguments on behalf of the clients in a lawsuit. They will attempt to persuade a judge or jury that their client's healthcare professional behaved in a fair and appropriate manner, while the defendant's lawyers will argue that they did not. The case will be heard should a settlement not be reached. The length of the trial will depend on how much evidence is provided and the extent of the case. The majority of cases are settled out of court. This is due to the fact that trial proceedings can add significant amount of time to the legal process and may result in no compensation for the plaintiff if the jury or judge do not support the plaintiff's case.

Mediation

Parents of a child with Erb’s Palsy will have to pay for medical expenses throughout their lives. The costs can quickly add up and place financial strain on families. Brooklyn Erb's Palsy lawyers can assist parents get fair compensation.

The cause of Erb's palsy is damage to the brachial plexus nerves, which run from the spinal cord down the neck and then into the arm. These nerves can become injured in a variety of ways, such as through excessive pulling on the baby's head and shoulders during delivery. Erb's palsy may also result from the use of forceps during birth. When delivering, a doctor might pull too hard or stretch the shoulder in order to free it from the birth canal and cause damage to the brachial plexus.

Some babies' shoulders become stuck behind the mother's cervical region during vaginal birth (shoulder dystocia). In such instances the doctor might attempt to free the baby's shoulder by pulling more forcefully on the head and shoulders or by using forceps. This can overstretch the brachial plexus nerves. This can cause erb's palsy law firms palsy. It is possible for a physician to recognize risk factors that can cause shoulder dystocia and take preventative measures. A doctor who fails to do this may be held responsible for Erb's Palsy claims.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury to prove that there was malpractice. Defendants often argue that there were other causes of the child's shoulder dystocia. This could be due to abnormalities in the baby's positioning or intrauterine malformations.