Erb's Palsy Attorneys

Parents of children who suffer from Erb's Palsy often worry about whether medical negligence was the cause of their child's condition. The injury could result from excessive pulling on a bundle of nerves that run through the shoulders known as the brachial nerve.

An experienced attorney can assist victims receive financial compensation. Settlements may provide future medical treatments, therapy, and surgery.

Compensation

It can cost a lot to care for and raise a child with Erb's palsy. An attorney can help families receive the compensation needed to pay for these expenses. This includes money to cover medical expenses, physical and occupational therapy and adaptive devices, emotional support, and other expenses.

A successful lawsuit could also be a way to hold negligent medical professionals accountable. This can stop them from repeating the same mistakes in the future. Legal action can give families a sense of satisfaction and closure after they have seen their child's life turned upside down by an injury at birth.

If a baby is afflicted with an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries are typically caused by excessive stretching or pulling of the baby's head and shoulders during birth. This can be due to inexperienced use of labor tools, such as the forceps or vacuum extractor or when doctors attempt to fix issues by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a doctor does not properly prepare and handle complications that may arise during the birth of a child. A lawyer can make the process as painless as is possible for the family. They can gather hospital records, witness testimony, and more to create a strong case on the family's behalf. They can also negotiate an appropriate settlement with the other party.

Statute of Limitations

Families are legally required to file a lawsuit in a specific time frame after their child has been injured. The statutes of limitations for each state may vary. Kansas for instance, requires families to submit a claim within two years of the birth of a child injured. Some states have deadlines that are longer and it is essential 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 appropriate window.

Your legal team will file an official complaint against those who are responsible for your child's Erb palsy. Your obstetrician and other medical professionals could be named as defendants, together with the hospital in which the incident occurred. During the discovery phase, your attorneys will gather evidence to prove that there was medical malpractice and the injuries could have been avoided. They will go through the child's medical records and gather expert testimony to support your claim.

Based on the circumstances your Erb's friend's lawyer can settle the case or take the case to trial. Settlements typically allow compensation to be paid out faster than the time required for a court trial. It isn't certain that the amount of settlement will be fair to your family. Your attorney will be diligent to obtain the highest compensation award possible.

Filing an action

The process for filing a lawsuit is different according to the state, however in general an attorney will look over the case's details and the facts as part of an initial legal evaluation. The attorney will inform the client whether they have a valid case.

If the lawyer thinks the claim is valid and merits consideration, he will write an email to the doctor asking for 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 outside of court to speed up the process and avoid lengthy trials.

A successful lawsuit will be able to award families an amount of money to cover the child's medical treatment. By demanding that healthcare professionals be held accountable for their negligence, they will also help ensure that future children don't suffer the exact same fate.

Two teams of lawyers will present arguments on behalf of their clients in an action. They will attempt to convince a jury or judge that the healthcare provider of their client acted appropriately and reasonably, while the lawyers representing the defendant will argue against. The case will be tried should a settlement not be reached. The length of a trial depends on the amount of evidence provided and the amount of evidence presented. 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 jury or the judge do not agree with their arguments.

Mediation

Parents of a child who was born with Erb’s Palsy will have to pay for medical care throughout their lives. These costs are likely to increase quickly and cause financial stress on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

Damage to the brachial nerves that run through the neck into the arm is the cause Erb's syndrome. The nerves can be injured in a variety of ways, such as when you pull too hard on your baby's head and shoulders during delivery. Erb's palsy can be caused by forceps used during delivery. During the process of delivery, the doctor might pull or stretch the shoulder too far to remove it from the birth canal. This could cause damage to the brachialplexus.

Shoulder dystocia happens when a baby's shoulders become stuck behind the cervical cervix that is her mother's. In these instances, the doctor may try to remove the shoulder by pulling on the shoulders or head or using forceps. This can cause Erb's Palsy by stretching the brachial nerves. A doctor is able to identify risk factors for shoulder dystocia, and take preventative measures. A doctor who fails to do this could be held accountable for the claims of Erb's palsy.

To prove that there was a malpractice in a lawsuit, plaintiffs must establish that the defendant's deviance from the accepted procedure proximately caused the injury. Defendants often argue 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.