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Erb's Palsy Attorneys

Parents whose children develop Erb's Palsy often have concerns about whether medical negligence was the cause in the development of their child's condition. The injury may result by excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced attorney can help victims receive financial compensation. Settlements may pay for the cost of surgery, therapy, or future medical care.

Compensation

It can cost a lot to care for and raise a child with Erb's palsy. An attorney can assist families get the money they need to pay for these expenses. This includes money for medical expenses including occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit can also hold negligent medical professionals accountable. This can prevent them from making the same mistakes in the future. Legal action can give families a a sense justice and closure when their child's life has been altered by an injury at birth.

Erb's Palsy can occur when a baby is injured by the brachial-plexus nerves during being delivered. These injuries are typically caused by excessive pulling or stretching of the baby's head and shoulders during labor. This could be caused by the improper use of tools like vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders in order to solve any issues.

Erb's Palsy lawsuits can be filed when a doctor is not prepared to manage complications that may occur during the birth of a child. A lawyer can help make the process as stress free as is possible for the family. They can collect hospital documents, witness statements, and much more to make a strong case on the family's behalf. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

Families are required by law to file a lawsuit within the time frame specified after their child is injured. State-specific statutes of limitations may vary. Kansas for instance, requires a family to file a case within two years after the birth of their child who was injured. Some states have longer deadlines and it is imperative to speak with an experienced Erb's palsy attorney as soon as possible to ensure your family can file a claim within the required window.

Your legal team will submit a complaint to the people responsible for your child's Erb's syndrome. Your obstetrician and other medical professionals could be named as defendants, and the hospital where the incident occurred. During the discovery phase, your attorney will gather evidence to prove that there medical malpractice occurred and that the injuries could have been avoided. They will search through your child's records and gather expert witnesses to prove your claim.

Depending on the situation your Erb's palsy lawyer will either reach a settlement or go to the case to trial. Settlements typically provide faster access to compensation than a trial could. It is not guaranteed that the amount of settlement will be fair to your family. Your lawyer will do everything in his power to get you the maximum compensation.

Filing a Lawsuit

The process to file a lawsuit varies by state, but in general an attorney will look over the case's details and facts as part an evaluation of the legal situation for free. They will then inform the client if they have an issue.

If a claim can be made the lawyer will send the doctor an demand letter in order to request financial compensation. The amount of money requested will be determined by the degree of the injury and the cost to treat them. The majority of Erb's palsy lawyers will suggest settling out of court to expedite the process and avoid lengthy trials.

If the lawsuit is successful, the families will be awarded monetary compensation for the care of their child. They can also others avoid suffering the same fate as they did by making healthcare professionals accountable for their negligence.

A lawsuit will involve two teams of lawyers representing their clients. They will try to convince a judge or jury the healthcare provider who treated their client 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 duration of a trial is contingent on the amount of evidence presented and the level of complexity. However, the majority of cases end up being settled out of court. This is due to the fact that the trial process can add a significant amount of time to the legal process. It could also result in no compensation if the jury or judge doesn't agree with the plaintiff's argument.

Mediation

Parents of a child born with Erb's Palsy will have to pay for medical expenses throughout their lives. These expenses can quickly mount over time and put financial stress on a family. Brooklyn Erb's Palsy lawyers can assist parents seek fair compensation.

Damage to the brachial nerves, which run from the spine and neck and into the arm can be the cause of Erb’s palsy. The nerves can be damaged in various ways such as excessive pulling on the baby's shoulders and head during the birth. Erb's Palsy may also be caused by forceps used during delivery. During the delivery, the doctor may pull or extend the shoulder too much to remove it from the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders are lodged behind the mother's cervix in vaginal delivery (shoulder dystocia). In these instances the doctor might 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, which can cause Erb's palsy. A doctor can identify the risk factors for shoulder dystocia, and take preventative measures. A doctor who fails to do this may be held accountable for claims relating to Erb's Palsy.

Plaintiffs must show that the defendant's aversion to accepted practice caused the injury to prove that there was malpractice. Defendants often argue that there were unrelated causes for the child's shoulder dystocia, for example issues with the baby's posture or intrauterine malformations.