Erb's Palsy Attorneys

Parents whose children develop Erb's syndrome often have questions about whether medical negligence played a part in the development of their child's condition. This injury can be caused by excessive pulling on a ring of nerves that run through the shoulders known as the brachial complex.

An experienced lawyer can assist victims in receiving financial compensation. A settlement may cover future medical expenses or therapy as well as surgery.

Compensation

It can be costly to raise and take care of a child with Erb's palsy. A lawyer can help families receive the compensation they require to pay for these expenses. This includes money for medical expenses such as occupational and physical therapy, adaptive devices, and emotional assistance.

A successful lawsuit could also bring medical professionals who have been negligent to account. This can help them avoid making similar mistakes in the future. Legal action can provide families with a sense of justice and closure after they have seen their child's lives changed by the birth injury.

Erb's palsy can develop when the baby is injured due to the brachial-plexus nerves during being born. These injuries are usually caused by excessive pulling or stretching of the baby's head and Erb's Palsy lawsuit shoulders during delivery. This could be due to inexperienced use of tools during labor, such as the forceps or vacuum extractor or when doctors try to resolve complications by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a doctor is not prepared to manage any complications that might arise during the birth of a child. A lawyer can help make the process as stress free as is possible for the family. They can gather hospital records and witness statements to build a strong argument on 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 file a lawsuit within a specified time after the child's injury. The state-specific statutes of limitation may differ. Kansas for instance, requires families to file a case within two years from the birth of their child who was injured. Some states have deadlines that are longer, and it is important to speak with an experienced Erb's palsy attorney as soon as possible to ensure your family can file an appropriate claim within the timeframe.

Your legal team will file a complaint against the people responsible for your child's condition, Erb's palsy. Your physician and other medical professionals could be named as defendants along with the hospital where the incident occurred. During the discovery process, your attorney will gather evidence to prove medical malpractice and that the injuries were preventable. They will review your child's records and gather expert witnesses to prove your claim.

Based on your particular situation, your Erb's palsy lawyer can make a deal or take the case to trial. A settlement typically allows compensation to be paid out faster than a court trial. It isn't certain that the amount of settlement will be fair to you and your family. Your attorney will do everything possible to ensure you receive the highest compensation.

Filing an action

The process for filing a lawsuit differs by state, but in general an attorney will look over the case's details and facts as part a free legal evaluation. The attorney will inform the client whether they have a case that is valid.

If a claim is viable the lawyer will send the doctor a demand letter asking for financial compensation. The amount sought will be determined based on the severity of the injuries and what they will cost to treat. The majority of Erb's palsy lawyers will suggest settling outside of court to speed up the process and avoid a lengthy trial.

If the lawsuit is successful, the families will be awarded monetary compensation for the treatment of their child. By holding healthcare professionals accountable for their errors, they will also help ensure that future children don't suffer the exact same fate.

A lawsuit will consist of two lawyers representing their clients. They will attempt to convince jurors or judges that their client's healthcare provider acted reasonably and appropriately while the defense lawyers will argue that they did not. The case will be tried if a settlement is not reached. The duration of a trial is contingent on the amount of evidence presented and the amount of evidence presented. However, the majority of cases settle out of court. A trial can take a long time and result in no compensation for the plaintiff if the jury or the judge are not in agreement with their arguments.

Mediation

When a child is born with Erb's Palsy parents are faced with a lifetime of medical bills and other expenses. These costs are likely to increase quickly and cause financial stress on the family. Brooklyn Erb's Palsy lawyers can help parents obtain an equitable amount of compensation.

The brachial nerves, which run through the neck and into the arm is the root of Erb's palsy. These nerves can be injured in many ways, including by pulling too hard on the baby's head and shoulders during the birth. Erb's Palsy can also result from the use of forceps during the delivery. During delivery, the doctor may pull or extend the shoulder too much to pull it out of 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 such instances the doctor may attempt to free the infant's shoulders by pulling harder on the head and shoulders or by using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. A doctor is able to identify the risk factors for shoulder dystocia and take preventative steps. If a doctor fails to take this step could be held accountable for claims relating to Erb's palsy Lawsuit Palsy.

Plaintiffs must show that the defendant's aversion to accepted practice caused the injury in order to establish malpractice. Defendants often argue that there are no other causes for the shoulder dystocia, such as problems with the baby's posture or intrauterine malformations.