Erb's Palsy Attorneys

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

An experienced attorney can help victims receive financial compensation. Settlements could cover treatment, surgery, or future medical treatment.

Compensation

It can be expensive to care for and raise a child with Erb's Palsy. An attorney can help families receive 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 make medical professionals accountable for their negligence. This will prevent them from repeating similar mistakes in the future. In the event of legal action, it can give families a sense satisfaction and closure after they have seen their child's life turned upside down due to an injury to their birth.

Erb's Palsy can occur when babies are injured by the brachial plexus nerves as they are being born. These injuries are caused by excessive stretching or pulling of the baby's head and shoulders during birth. This could be due to inexperienced use of labor tools like a vacuum extractor or forceps, or it may occur when doctors try to treat complications by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a doctor fails to properly prepare and handle complications that may arise during childbirth. An attorney can help make the process as smooth as possible for the family. They can collect hospital records, witness statements and much more to make a strong case on the behalf of the family. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

The law requires families to bring a lawsuit within a set time following the incident of their child. State-specific statutes of limitations may vary. Kansas is an example. It requires a family to file a case within two years after the birth of their injured child. Some states have extended deadlines. It is imperative to consult a reputable Erb’s palsy lawyer as quickly as you can in order to ensure that your family can file their claim within the proper time frame.

Your legal team will make a complaint against those responsible for Erb's Palsy lawsuits your child's Erb's syndrome. Your doctor and other medical professionals could be named as defendants as well as the hospital where the incident occurred. During the discovery process, your lawyers will collect evidence to prove that medical malpractice occurred and to prove that the injuries were prevented. They will search through your child's medical records and gather expert testimony to back your case.

The Erb's Palsy lawyer you choose to work with will negotiate the settlement of your specific situation or bring the case to court. A settlement typically allows the compensation to be received more quickly than a court trial. It isn't guaranteed that the amount of settlement will be fair to you and your family. Your lawyer will do everything to secure the maximum compensation.

Filing a Lawsuit

The procedure for filing a lawsuit varies by state, but generally starts with an attorney reviewing the case's details and specifics during a free legal case evaluation. They will then advise the client if they have an issue.

If the lawyer believes a claim is legitimate the lawyer will send a letter to the doctor asking for compensation. The amount sought will be determined by the extent of the injuries and what they will cost to treat. The majority of Erb's palsy lawyers will recommend settling the case 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. They will also keep other children from suffering the same fate by the healthcare professionals held accountable for their negligence.

Two teams of lawyers will argue on behalf of clients in an action. They will attempt to convince a jury or judge that the healthcare provider of their client acted sensibly and with a sense of fairness, while the lawyers representing the defendant will argue against. The case will go to trial should a settlement not be reached. The length of a trial will depend on the amount of evidence that is presented and the complexity of the case. The majority of cases are settled outside of court. A trial can be lengthy and may not result in a settlement for the plaintiff if the judge or jury are not in agreement with their argument.

Mediation

Parents of a child who was born with Erb’s Palsy will have to pay for medical treatment throughout their life. The costs can quickly add over time and put financial stress on families. Brooklyn Erb's Palsy lawyers can help parents to seek an equitable amount of compensation.

The brachial nerves that extend from the spine and neck into the arm is the reason Erb's syndrome. These nerves can be injured in various ways by excessive pulling on the baby's head and shoulders during the birth. Erb's Palsy can be caused by the forceps used during delivery. During delivery, the doctor might pull or stretch the shoulder too far to pull it out of the birth canal. This could cause damage to the brachialplexus.

Shoulder dystocia is when a baby's shoulders get caught behind the cervical cervix of their mother. In such cases the doctor may attempt to dislodge the infant's shoulder by pulling harder on the head and shoulders or using forceps. This could cause overstretching of the brachial plexus nerves, which can cause Erb's palsy. A doctor can recognize risk factors for shoulder dystocia and take preventative measures. If a doctor fails to do this could be held accountable for Erb's Palsy claims.

Plaintiffs must show that the defendant's deviation from accepted practice caused the injury in order to prove that there was malpractice. Defendants will often claim that shoulder dystocia is caused by non-related factors, such as a change of the baby's posture or intrauterine malformations.