Erb's Palsy Attorneys

Children who develop Erb's Palsy often have concerns about whether medical negligence was the cause in the child's condition. This injury can be caused due to excessive pulling on the brachial-plexus, a bundle of shoulder nerves.

A knowledgeable attorney can assist victims in obtaining financial compensation. Settlements can cover treatments, surgeries, and future medical care.

Compensation

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

A successful lawsuit could also hold negligent medical professionals accountable. This can prevent them from making similar mistakes in the future. Legal action can provide families with an understanding of justice and closure when their child's entire life has been changed by an injury to their birth.

Erb's Palsy can occur when the baby is injured due to the brachial-plexus nerves during being born. These injuries are usually caused due to excessive pulling or stretching of the baby's head and shoulders during birth. This can be due to the improper use of tools during labor, such as forceps or a vacuum extractor, or it may occur when doctors try to treat problems 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 stress free as is possible for the family. They can collect hospital records, witness testimony, and much more to make a strong case on the family's behalf. They can also negotiate with the other side to negotiate an equitable settlement.

Statute of Limitations

The law requires families to make a claim within a set time after the child's injury. The state-specific statutes of limitation may vary. Kansas, for example, requires a family to file a case within two years of the birth of their injured child. Some states have extended deadlines. It is imperative to talk with a reputable Erb's palsy lawyer as quickly as you can, to make sure that your family can file their claim within the required time frame.

Your legal team will file a complaint against the people responsible for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants together with the hospital in which the injury occurred. During the discovery process, your lawyers will gather evidence to prove medical malpractice and that the injuries could have been avoidable. They will review the medical records of your child and gather expert witness testimony to support your case.

Based on your particular situation your erb's palsy law firms friend's lawyer can settle the case or take the case to trial. A settlement typically provides faster access to compensation than a trial would. It is not certain that the amount of settlement will be fair to your family. Your attorney will strive to get the highest settlement amount that you can get.

Filing a Lawsuit

The process for filing a lawsuit differs according to the state, however generally, attorneys analyze the case's specifics and facts as part a free legal evaluation. They will then inform the client whether or not they have an issue.

If the lawyer thinks a claim has merit and merits consideration, he will write an email to the doctor requesting compensation. The amount requested will be determined based on the severity of the injury and the amount they will cost to treat. The majority of Erb's & Palsy lawyers suggest that you settle out of court to speed up the process.

Lawsuits that are successful will give families financial compensation to pay for the treatment of their child. They will also help others avoid suffering the same fate, by requiring healthcare professionals to be held accountable for their negligence.

Two teams of lawyers will argue on behalf of the clients in the course of a lawsuit. They will attempt to convince a jury or judge the healthcare provider of their client acted appropriately and reasonably, while the lawyers representing the defendant will argue otherwise. If a settlement cannot be reached the case will go to trial. The duration of a trial will depend on the amount of evidence that is presented and the extent of the case. However most cases are settled outside of court. This is due to the fact that trials can add a significant amount of time to the legal process, and could result in no compensation for the plaintiff if the jury or judge do not agree with the plaintiff's argument.

Mediation

Parents of a child who was born with Erb’s Palsy will be required to pay for medical care throughout their life. These costs are likely to increase quickly and place a financial burden on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy attorneys.

The brachial nerves which run from the spine and neck to the arm can be the cause of Erb’s palsy. These nerves can become injured in a variety of ways, including when you pull too hard on your baby's shoulders and head during delivery. Erb's syndrome can also arise from the use of forceps during the delivery. In the course of a delivery, a doctor might pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.

Some babies' shoulders become trapped behind the mother's cervix in vaginal delivery (shoulder dystocia). In these cases the doctor might attempt to free the baby's shoulder by pulling more forcefully on the head and shoulders or using forceps. This could cause overstretching of the brachial nerves and cause Erb's palsy. It is possible for a physician detect risk factors that could cause shoulder dystocia, and take preventative measures. A doctor who fails to take this step could be held accountable for the claims of Erb's palsy.

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