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Erb's Palsy Attorneys

Parents of children with Erb's palsy are often worried about whether medical negligence caused the condition of their child. This injury could result due to excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced attorney can help victims receive financial compensation. A settlement may cover treatments, surgeries, and future medical treatments.

Compensation

It can be expensive to raise and take care of a child with Erb's Palsy. An attorney can help families receive the financial aid needed to cover these costs. This includes funds for medical expenses including occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit may also bring medical professionals who have been negligent to account. This can prevent them from making similar mistakes in the future. Legal actions can give families a a sense justice and closure when the child's life has been altered by birth injuries.

If a baby is afflicted with an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries result from excessive stretching or pulling of the baby's neck and shoulders during labor. This could be caused by improper use of tools like vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders to treat any complications.

If a doctor doesn't adequately prepare for and manage complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can make the process as simple as is possible for the family. They can collect the hospital records and witness statements to construct an argument for the benefit of the family. They can also negotiate a fair 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. State-specific statutes of limitations may differ. Kansas for instance, requires that families file a claim within two years after the birth of a child who was injured. Certain states have longer deadlines and it is crucial to talk with a reputable Erb's Palsy attorney as soon as possible in order to ensure your family can file an appropriate claim within the window.

Your legal team will bring a lawsuit against the people responsible for your child's Erb's syndrome. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery phase, your lawyers will gather evidence to prove that there was medical malpractice and the injuries could have been prevented. They will comb through the medical records of your child and gather expert witness testimony to support your case.

Depending on the situation, your Erb's palsy lawyer can reach a settlement or go to the case to trial. Settlements usually allow the payment to be made faster than an appeal in court. However, it's not guaranteed that your family will receive a fair settlement amount. Your attorney will do everything in his power to ensure you receive the highest compensation.

Filing a Lawsuit

The procedure for filing a lawsuit is different according to the state, however in general an attorney will look over the case's details and details as part of an evaluation of the legal situation for free. The attorney will inform the client whether they have a case that is valid.

If a claim can be made, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount of compensation sought will depend on the extent of the injuries and the cost of treating them. 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, families will be awarded monetary compensation for the treatment of their child. They will also prevent other children from suffering the same fate by holding healthcare professionals responsible for their negligence.

Two teams of lawyers will present arguments on behalf of clients in an action. They will attempt to convince a jury or judge that the healthcare provider who treated their client properly and in a fair manner, while the lawyers representing the defendant will argue against. If a settlement is not reached the case will be put to trial. The length of a trial depends on the amount of evidence presented and the level of complexity. Most cases are settled out of court. A trial may take a long time and result in no compensation for the plaintiff if the jury or the judge are not in agreement with their argument.

Mediation

Parents of a child with Erb's Palsy will have to pay for medical expenses throughout their life. These expenses can quickly pile in the future and put financial pressure on families. Brooklyn Erb's Palsy lawyers can assist parents obtain an equitable amount of compensation.

Damage to the brachial nerves which run from the spine and neck and into the arm is the cause Erb's syndrome. These nerves can be injured in a variety of ways, including by pulling excessively on the baby's head and shoulders during delivery. Erb's palsy can also result from the use of forceps during birth. During a delivery the doctor may pull too hard or stretch the shoulder in order to free it from the birth canal and cause damage to the brachial plexus.

Shoulder dystocia occurs when a baby's shoulders get stuck behind the mother's cervical cervix. In these situations the doctor might try to free the shoulder by pulling the head or shoulders harder or by using forceps. This can overstretch the brachial nerves and cause Erb's palsy. It is possible for a physician identify risk factors that could cause shoulder dystocia and take preventative measures. If a doctor fails to do this they may be held accountable for an Erb's symptotic claim.

Plaintiffs must show that the defendant's deviation from accepted practice caused the injury in order to establish the malpractice. Defendants often argue that there were other causes for the child's shoulder dystocia. This could be due to issues with the baby's posture or intrauterine malformations.