Erb's Palsy Attorneys

Children who develop Erb's syndrome often have questions about whether medical negligence played a part in the condition of their child. This injury can result from excessive pulling on a bundle of nerves located in the shoulders known as the brachial complex.

An experienced attorney can assist victims in receiving financial compensation. Settlements may pay for therapy, surgery, and future medical expenses.

Compensation

It can be expensive to raise and take care of a child with Erb's Palsy. A lawyer can assist families receive the money they require to pay for these expenses. This includes money for medical costs, physical and occupational therapy and adaptive devices, emotional support and other costs.

A successful lawsuit can also bring medical professionals who have been negligent to account. This will help them avoid making similar mistakes in the future. Taking legal action can give families a sense of justice and closure after they have seen their child's life turned upside down by a birth injury.

Erb's palsy can develop when a baby is injured by the brachial-plexus nerves when being born. These injuries can be caused by excessive stretching or pulling of the baby's neck and shoulders during the delivery. It could be due to improper use of labor tools like the vacuum extractor or forceps or when doctors attempt to fix issues by pressing on the baby's shoulder.

Erb's Palsy lawsuits may be filed when a physician does not properly prepare and manage any complications that might arise during childbirth. A lawyer can help make the process as painless as is possible for Erb's palsy lawsuits the family. They can gather hospital documents, witness statements, and more, to build an argument that is strong on the behalf of the family. They can also negotiate with the other side to negotiate an acceptable settlement.

Statute of limitations

The law requires families to submit a lawsuit within a specific time period after their child's injury. The state-specific statutes of limitation may differ. Kansas is an example. It requires families to file a case within two years after the birth of their child injured. Some states have longer deadlines and it is imperative to talk with an experienced Erb's palsy attorney as soon as possible to ensure that your family can file a claim within the required window.

Your legal team will make a complaint against the parties accountable for your child's condition, Erb's palsy. Your obstetrician and other medical professionals could be named as defendants and the hospital where the incident occurred. During the discovery process, your lawyers will gather evidence to prove medical malpractice and that the injuries were prevented. They will comb through the medical records of your child and gather expert witness testimony to prove your case.

The Erb's Palsy lawyer you choose to work with will negotiate a settlement based on your situation or bring the case to the court. Settlements typically provide faster access to compensation than a trial could. It isn't guaranteed that the amount of settlement will be fair to your family. Your attorney will work diligently to get the highest settlement amount that you can get.

Filing a Lawsuit

The procedure for filing a lawsuit varies by state, but it usually begins with an attorney examining the case's details and facts in a free legal case assessment. The attorney will inform the client if they have a valid case.

If the lawyer is convinced that the claim is valid the lawyer will send a letter to the doctor asking for compensation. The amount of compensation demanded will be determined by the severity of the injuries as well as the expense to treat them. The majority of erb's palsy law firms friendsy attorneys recommend settling the case outside of court to speed up the process and avoid lengthy trials.

If the lawsuit is successful, the families will be awarded monetary compensation for the care of their child. By making healthcare professionals accountable for their negligence, they will also help keep future children from suffering the same fate.

A lawsuit will comprise two lawyers representing their clients. They will attempt to convince a judge or jury their client's healthcare provider acted properly and Erb's palsy lawsuits in a fair manner, while the lawyers representing the defendant will argue against. If a settlement is not reached the case will go to trial. The length of a trial will depend on the amount of evidence presented and the complexity of the case. However the majority of cases are settled out of court. A trial can be lengthy and may not result in a settlement 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 parents are faced with an entire life of medical expenses and other expenses. These expenses can quickly mount up and put a financial strain on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy lawyers.

The cause of Erb's palsy is the damage to the brachial plexus nerves which extend from the spinal cord through the neck before reaching the arm. The nerves can be damaged in various ways by excessive pulling on the baby's head and shoulders during the birth. Erb's syndrome can also arise from the use of forceps during birth. During the delivery, the doctor might pull or extend the shoulder too much to free it from the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders are lodged behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these situations the doctor might attempt to release the shoulder by pulling the shoulders or head or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. A doctor should be able to recognize the risk factors that can cause shoulder dystocia, and take preventative steps. If a doctor fails to take this action they may be held responsible for an Erb's Palsy claim.

Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury to prove malpractice. The defendants often claim that there were no underlying causes for the child's shoulder dystocia, such as issues with the baby's posture or intrauterine malformations.