Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy are often worried about whether medical malpractice was the cause of their child's condition. The injury may result due to excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced lawyer can help victims receive financial compensation. Settlements may provide future medical care or therapy as well as surgery.

Compensation

It can cost a lot to care for and raise the child who has Erb's Palsy. An attorney can assist families receive the financial aid needed to cover these costs. This includes funds for medical expenses as well as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit may also be a way to hold negligent medical professionals accountable. This can prevent them from making the same mistakes again in the future. Taking legal action can give families a sense peace and closure after having have seen their child's lives changed by an injury to their birth.

Erb's Palsy can occur when babies are injured by the brachial-plexus nerves when being delivered. These injuries are caused by excessive stretching or pulling of the baby's head and shoulders during labor. This could be caused by the incorrect application of tools like vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders in order to treat any complications.

If a doctor doesn't adequately prepare for and manage complications during birth, it could result in an Erb's Palsy lawsuit. An attorney can make the process as easy as is possible for the family. They can gather hospital records and witness statements to make an argument for the benefit of the family. They can also negotiate an equitable settlement with the other party.

Statute of limitations

The law obliges families to file a lawsuit within a specified time after their child's injury. The time limit for filing a lawsuit may vary by state. Kansas is one example. It requires that families make a claim within two years following the birth of a child injured. Some states have extended deadlines. It is crucial to consult a reputable Erb’s palsy lawyer as soon as you can to ensure that your family can file their claim within the appropriate time period.

Your legal team will bring a lawsuit against the parties responsible for your child's Erb's syndrome. Your obstetrician 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 was medical malpractice and the injuries could have been avoided. They will search through the medical records of your child and gather expert testimony to back your case.

Your Erb's palsy attorney will negotiate settlements based on your circumstances or take the case to court. A settlement typically gives faster access to compensation than a trial would. It is not guaranteed that the settlement amount will be fair to your family. Your lawyer will work hard to secure the highest compensation award possible.

Filing a Lawsuit

The procedure for filing a lawsuit is different for each state, but it usually begins with an attorney looking over the case's details and facts in a free legal case assessment. The lawyer will inform the client whether they have a case that is valid.

If the lawyer thinks the claim is valid and merits consideration, he will write a letter to the doctor requesting compensation. The amount requested will be determined by the severity of the injury and what they will cost to treat. Most Erb's palsy attorneys will suggest settling outside of court to expedite the process and avoid a lengthy trial.

Lawsuits that are successful will give families the financial compensation they need to pay for their child's treatment. By making healthcare professionals accountable for their errors they can also ensure that future children don't suffer the same fate.

A lawsuit will comprise two lawyers arguing on behalf their clients. They will attempt to convince a jury or judge the healthcare provider for their client acted appropriately and reasonably, while the lawyers representing the defendant will argue otherwise. The case will be argued should a settlement not be reached. The length of a trial will be determined by how much evidence is provided and the difficulty of the case. However 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 doesn't accept the plaintiff's arguments.

Mediation

When a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other expenses. These costs are likely to increase quickly and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can assist parents get an equitable amount of compensation.

Damage to the brachial nerves that extend from the spine and neck to the arm is the cause of Erb's palsy. 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 may also be caused by forceps used during delivery. During delivery, a doctor may pull or stretch the shoulder too far to free it from the birth canal. This could cause damage to the brachialplexus.

Some babies' shoulders become stuck behind the mother's cervix during vaginal birth (shoulder dystocia). In these instances the doctor may try to dislodge the infant's shoulder by pulling more forcefully on the head and shoulders or using forceps. This can strain the brachial plexus nerves. This can cause Erb's palsy. It is possible for a physician identify risk factors that could cause shoulder dystocia, and take preventative measures. If a doctor fails to do this and is found to be negligent, they could be held accountable for an Erb's-related palsy claim.

In order to prove the malpractice in a lawsuit, plaintiffs must show that the defendant's deviation from the accepted procedure proximately caused the injury. 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.