Erb's Palsy Attorneys

Children who develop Erb's Palsy often have concerns about whether medical negligence played a part in the child's condition. The injury may result by excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves.

An experienced lawyer can help victims receive financial compensation. A settlement may cover treatment, surgery, or future medical treatments.

Compensation

It can be expensive to raise and care for children with Erb's palsy. An attorney can help families get the money they need to cover these costs. This includes funds for medical expenses, physical and occupational therapy, adaptive devices, and emotional assistance.

A successful lawsuit could also bring medical professionals who have been negligent to account. This will help them avoid making the same mistake in the future. Legal action can give families a a sense justice and closure when their child's life has been altered by a birth injury.

Erb's palsy can develop when the baby is injured due to the brachial plexus nerves as they are being born. These injuries are usually caused by excessive stretching or pulling of the baby's shoulders and head during delivery. This can be due to improper use of tools during labor like the vacuum extractor or forceps, or it may occur when doctors attempt to solve issues by pushing on the baby's shoulder.

Erb's-Palsy lawsuits can be filed when a physician fails to properly prepare and manage complications that may occur during childbirth. An attorney can help make the process as painless as possible for the family. They can gather the hospital records and witness statements to make a strong argument on behalf of the family. They can also negotiate with the opposing side to negotiate an acceptable settlement.

Statute of limitations

Families are legally required to file a lawsuit in a specific time frame after their child is injured. The statute of limitations may differ by state. Kansas for instance, requires that a family file a claim within 2 years of the birth of a child injured. Some states have deadlines that are longer and it is imperative to consult with a reputable Erb's palsy attorney as soon as possible to ensure that your family is able to file a claim within the appropriate timeframe.

Your legal team will submit a complaint to the parties accountable for your child's Erb's Palsy. Your doctor and other medical professionals could be named as defendants and the hospital where the incident occurred. During the discovery phase, your lawyers will gather evidence to prove that there an error in medical care and that the injuries could have been prevented. They will comb through your child's medical records and gather expert testimony to back your case.

Based on the circumstances your Erb's palsy lawyer can make a deal or take the case to trial. A settlement usually provides quicker access to compensation than a trial could. It isn't certain that the settlement amount will be fair to you and your family. Your attorney will be diligent to secure the highest amount of compensation possible.

Filing an action

The procedure for filing a lawsuit is different for each state, but it generally begins with an attorney looking over the case's details and facts during a no-cost legal case evaluation. The attorney will tell the client if they have a valid case.

If a claim is viable, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount of compensation requested will depend on the extent of the injuries and the cost of treating them. The majority of Erb's palsy lawyers will suggest settling outside of court to speed up the process and avoid a lengthy trial.

Lawsuits that are successful will award families with financial compensation to pay for the treatment of their child. By requiring healthcare professionals to be accountable for their negligence, they will also help keep future children from suffering the same fate.

Two teams of lawyers will present arguments for clients in a lawsuit. They will attempt to convince a jury or judge that their client's healthcare provider acted in a reasonable and ethical manner, whereas the lawyers representing the defendant will argue against. The case will be heard in the event that a settlement cannot be reached. The length of the trial will depend on the amount of evidence offered and the degree of complexity. However, the majority of cases are settled out of court. A trial can be lengthy and result in no compensation for the plaintiff if the jury or the judge are not in agreement with their argument.

Mediation

If a child is born with Erb's Palsy, their parents face an entire lifetime of medical treatment and other costs. These costs are likely to increase quickly and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can help parents obtain fair compensation.

The root of Erb's Palsy is the damage to the brachial plexus nerves which run from the spinal cord through the neck, and eventually into the arm. The nerves can be damaged in a variety of ways by excessive pulling on the baby's head and shoulders during the birth. Erb's palsy can be caused by use of forceps during the delivery. During delivery, a doctor might pull or stretch the shoulder too hard to free it from the birth canal. This can cause damage to the brachialplexus.

Some babies' shoulders are stuck behind the mother's cervix in vaginal delivery (shoulder dystocia). In such cases, the doctor might try to dislodge the infant's shoulder by pulling harder on the head and shoulders or by using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. It is possible for a physician to recognize risk factors that can cause shoulder dystocia, and take preventative measures. If a doctor does not do this may be held responsible for the claims of Erb's palsy.

In order to prove the malpractice in a lawsuit, plaintiffs must prove that the defendant's deviation from accepted practices proximately led to the injury. The defendants will often argue that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's posture or intrauterine malformations.