Erb's Palsy Attorneys

Parents whose children develop erb's palsy law firms Palsy often have concerns about whether medical negligence played a part in 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 plexus.

An experienced lawyer can assist victims receive financial compensation. Settlements can cover future medical expenses, therapy, and surgery.

Compensation

It can cost a lot to care for and raise a child with Erb's palsy. A lawyer can help families receive the compensation they need to cover these costs. This can include money to cover medical costs, physical and occupational therapy, adaptive devices, emotional support and many other costs.

A successful lawsuit may also bring medical professionals who were negligent to blame. This can prevent them from repeating similar mistakes in the future. Legal action can give families a satisfaction and closure when their child's whole life has been turned upside down due to an injury to their birth.

If a baby sustains 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 shoulders and head during the delivery. This could be due to inadequate use of tools during labor like the vacuum extractor or forceps, or it may occur when doctors attempt to fix issues by pressing on the baby's shoulder.

If a doctor fails to properly prepare for and handle complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can work to make the process as stress-free as is possible for the family. They can collect hospital records, witness statements, and more, to build a solid case on the behalf of the family. They can also negotiate with the other party to reach a fair settlement.

Statute of Limitations

The law obliges families to submit a lawsuit within a certain time frame after the injury of their child. The statute of limitations may differ from state to state. Kansas, for example, requires a family to file a claim within two years from the birth of their child who has been injured. Some states have longer deadlines and it is essential to speak with a reputable Erb's palsy attorney as soon as you can to ensure that your family is able to file an appropriate claim within the timeframe.

Your legal team will submit a complaint to the people responsible for your child's Erb's palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to prove that there medical malpractice occurred and that the injuries could have been prevented. They will search through the medical records of your child and gather expert witness testimony to prove your case.

Depending on the situation, your Erb's palsy lawyer may make a deal or take the case to trial. A settlement typically allows compensation to be received faster than a court trial. However, it's not certain that your family will receive a fair settlement amount. Your attorney will work diligently to get the highest amount of compensation possible.

Filing a Lawsuit

The procedure for filing a lawsuit is different according to the state, however generally, an attorney will review the case details and facts as part a free legal evaluation. They will then inform the client if they have an issue.

If a claim can be made the lawyer will send the doctor a demand letter asking for financial compensation. The amount requested will be determined based on the severity of the injury and the cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid lengthy trials.

A successful lawsuit will give families cash compensation to pay for the child's medical treatment. They also will help others avoid suffering the same fate, by the healthcare professionals held accountable for their negligence.

A lawsuit will comprise two lawyers representing their clients. They will attempt to convince a judge or jury the healthcare provider of their client acted appropriately and reasonably, while the lawyers of the defendant will argue for a different position. If a settlement cannot be reached, the case will go to trial. The duration of a trial is contingent on the amount of evidence presented and the degree of complexity. Most cases are settled outside of court. This is because a trial can add a significant amount of time to the legal process and may result in no compensation if the judge or jury does not agree with the plaintiff's position.

Mediation

When a child is born with Erb's Palsy, their parents face an entire life of medical expenses and other costs. These costs can quickly accumulate and cause financial stress on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The cause of Erb's palsy is the result of damage to the brachial nerves which run from the spinal cord down the neck, and eventually into the arm. The nerves can be damaged in a variety of ways, including excessive pulling on the baby's head and shoulders during the birth. Erb's palsy may also result 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.

Shoulder dystocia happens when a baby's shoulders are entrapped behind the cervical cervix that is her mother's. In these cases the doctor may attempt to free the infant's shoulders by pulling harder on the shoulders and head or by using forceps. This could cause overstretching of the brachial plexus nerves and cause Erb's palsy. It is possible for a doctor to detect risk factors that could cause shoulder dystocia and take preventative measures. When a doctor fails to do so, they can be held responsible for an Erb's palsy claim.

Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury in order to establish malpractice. Defense lawyers often claim that shoulder dystocia is caused by non-related factors, like abnormalities of the baby's posture or intrauterine malformations.