Erb's Palsy Attorneys

Children with Erb's Palsy often worry about whether medical malpractice caused the condition of their child. This injury can be caused from excessive pulling on the brachial-plexus which is a group of shoulder nerves.

A knowledgeable attorney can assist victims receive financial compensation. Settlements may pay for the cost of surgery, therapy, or future medical treatment.

Compensation

It can cost a lot to raise and care for a child with Erb's palsy. An attorney can assist families get the money they need to cover these costs. This includes funds for medical expenses, physical and occupational 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 similar mistakes in the future. Legal action can provide families with an understanding of justice and closure when the child's 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 can be caused by excessive stretching or pulling of the baby's head and shoulders during the delivery. This could be due to inadequate use of tools during labor, such as forceps or a vacuum extractor or when doctors attempt to fix problems by pushing on the baby's shoulder.

If a physician fails to properly prepare for and handle complications during birth, it could cause an Erb's palsy lawsuit. A lawyer can help make the process as stress free as is possible for the family. They can gather the hospital records and witness statements to build an argument that is strong on behalf of the family. They can also negotiate with the opposing side to negotiate an acceptable settlement.

Statute of Limitations

Families are required by law to file a lawsuit in the specified timeframe after their child is injured. The statutes of limitations for each state may vary. Kansas for instance, requires families to file a case within two years from the birth of their child injured. Some states have longer deadlines and it is crucial to talk with an experienced Erb's palsy attorney as soon as possible to ensure that your family is able to file an appropriate claim within the timeframe.

Your legal team will file a complaint against the people responsible for your child's Erb's syndrome. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorneys will gather evidence to show medical malpractice and that the injuries were avoidable. They will search through the child's medical records and gather expert evidence to back your claim.

Depending on your situation the Erb's lawyer will either make a deal or take the case to trial. Settlements typically provide faster access to compensation than a trial would. It is not guaranteed that the amount of settlement will be fair to your family. Your attorney will work diligently to secure the highest compensation award possible.

Filing an action

The procedure for filing a lawsuit differs from state to state, but it generally begins with an attorney examining the case details and facts in a free legal case assessment. They will then advise the client whether or not they have a case.

If the lawyer believes that the claim is meritorious and merits consideration, he will write a letter to the doctor asking for compensation. The amount of compensation sought will be determined by the severity of the injuries and the expense to treat them. The majority of Erb's friendsy attorneys suggest settling out of court to speed up the process and avoid lengthy trials.

The lawsuits that succeed will award families with financial compensation to pay for their child's treatment. By making healthcare professionals accountable for their mistakes they can also prevent future children from suffering the same fate.

Two teams of lawyers will argue on behalf of their clients in a lawsuit. They will try to convince a judge or jury the healthcare provider for their client acted properly and in a fair manner, while the lawyers representing the defendant will argue against. The case will be argued should a settlement not be reached. The length of the trial will depend on how much evidence is provided and the difficulty of the case. The majority of cases are settled outside of court. A trial may take a long time and result in no compensation for the plaintiff if the judge or jury do not agree with their argument.

Mediation

If a child is born with Erb's Palsy parents are faced with an entire life of medical expenses and other expenses. These costs can quickly add up and place financial strain on the family. Parents can seek fair compensation working with Brooklyn Rutland Erb's Palsy Law Firm Palsy lawyers.

Damage to the brachial nerves which run through the neck to the arm can be the cause of Erb’s palsy. The nerves can be damaged in many ways, including excessive pulling on the baby's head and shoulders during the birth. Erb's Palsy can be caused by use of forceps during delivery. During delivery, a doctor might pull or stretch the shoulder too much to remove it from the birth canal. This can cause damage to the brachialplexus.

Some babies' shoulders become stuck behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these cases the doctor may attempt to free the infant's shoulder by pulling harder on the shoulders and head or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. It is possible for a doctor palsy detect risk factors that could cause shoulder dystocia and take preventative measures. If a doctor fails to take this action they may be held responsible for an Erb's Palsy claim.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury in order to establish malpractice. The defendants often claim that there were other causes of the child's shoulder dystocia, such as anomalies in the baby's position or intrauterine malformations.