Erb's Palsy Attorneys

Children who develop Erb's syndrome often have questions about whether medical negligence played a role in their child's condition. The injury can result from excessive pulling on a bundle of nerves that run through the shoulders known as the brachial plexus.

A knowledgeable attorney can assist victims to receive financial compensation. Settlements could cover therapy, surgery, and future medical expenses.

Compensation

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

A successful lawsuit could also be able to hold negligent medical professionals accountable. This will help them avoid making the same mistake again in the future. Taking legal action can give families a sense peace and closure after having have witnessed their child's life turned upside-down by the birth injury.

If a newborn suffers an injury to the brachial plexus nerves in delivery, it can cause Erb's palsy. These injuries result from excessive stretching or pulling of the baby's head and shoulders during the delivery. This can be caused by the incorrect use of tools like vacuum extractors or forceps during labor. It could also happen when doctors press on the baby's shoulders to treat any complications.

Erb's Palsy lawsuits can be filed if a doctor is not prepared to manage any complications that might arise during the birth of a child. A lawyer can make the process as stress-free as is possible for the family. They can gather medical records and witness statements to build an argument for the benefit of the family. They can also negotiate an equitable settlement with the other party.

Statute of Limitations

Families are legally required to file a lawsuit within a certain time frame after their child is injured. The state-specific statutes of limitation may differ. Kansas for instance, requires that families file a claim within 2 years after the birth of a child who was injured. Some states have deadlines that are longer and it is imperative to consult with an experienced erb's palsy law firm palsy attorney as soon as you can in order to ensure your family can file an appropriate claim within the timeframe.

Your legal team will submit a complaint to those responsible for your child's condition, Erb's palsy. The defendants could include your obstetrician, other medical professionals, and the hospital where the injury occurred. During the discovery process, your lawyers will collect evidence to prove that there was medical malpractice and that the injuries were preventable. They will go through your child's medical records and gather expert witness testimony to support your case.

Based on your particular situation, your Erb's palsy lawyer will either negotiate a settlement or take the case to trial. A settlement typically gives faster access to compensation than a trial could. It is not guaranteed that the settlement amount will be fair to your family. Your attorney will work diligently to reach the maximum compensation award possible.

Filing an action

The procedure to file a lawsuit varies according to the state, however generally, attorneys look over the case's details and details as part of an evaluation of the legal situation for free. The attorney will tell the client if they have a valid case.

If a claim is viable the lawyer will send the doctor an email requesting financial compensation. The amount of compensation demanded will depend on the severity of the injuries as well as the cost to treat them. The majority of Erb's Palsy lawyers suggest that you settle out of court to speed up the process.

Lawsuits that are successful will award families with an amount of money to cover the child's medical treatment. They also will help keep other children from suffering the same fate, by holding healthcare professionals responsible for their negligence.

Two teams of lawyers will argue on behalf of clients in the course of a lawsuit. They will try to convince jurors or judges that their client's healthcare professional acted reasonably and appropriately while the defense lawyers will argue that they did not. The case will go to trial when a settlement isn't reached. The length of a trial will be determined by the amount of evidence presented and the complexity of the case. However, the majority of cases are settled out of court. A trial could take a long time and may not result in a settlement for the plaintiff in the event that the jury or the judge are not in agreement with their arguments.

Mediation

Parents of children born with Erb's Palsy will have to pay for medical care throughout their life. These costs can quickly add up and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents seek fair compensation.

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

Some babies' shoulders get trapped behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these cases the doctor might attempt to free the shoulder by pulling the head or shoulders harder or using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. It is possible for a physician to detect risk factors that could lead to shoulder dystocia and take preventative measures. If a physician fails to do so, they can be held accountable for an Erb's palsy claim.

To prove malpractice in a lawsuit, plaintiffs must prove that the defendant's deviation from the accepted procedure proximately caused the injury. Defendants often argue that there were unrelated causes for the child's shoulder dystocia. This could be due to anomalies in the baby's position or intrauterine malformations.