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Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy frequently have questions about whether medical negligence was the cause in the child's condition. The injury could result from excessive pulling on a ring of nerves located in the shoulders known as the brachial plexus.

An experienced attorney can help victims receive financial compensation. A settlement may cover future medical expenses as well as therapy and surgery.

Compensation

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

A successful lawsuit can also hold negligent medical professionals responsible. This can prevent them from making the same mistake in the future. Legal action can give families a the sense of justice and closure after their child's life has been turned upside down due to an injury at birth.

When a baby suffers an injury to the brachial plexus nerves during birth, it could cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's shoulders and head during birth. This can 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 treat any complications.

When a doctor does not adequately prepare for and manage complications during the birth process, it can result in an Erb's palsy lawsuit. A lawyer can make the process as stress-free as possible for the family. They can gather hospital records, witness statements, and more to build an effective case on behalf of the family's behalf. They can also negotiate an appropriate settlement with the other party.

Statute of Limitations

Families are legally required to file a lawsuit within the specified timeframe after their child was injured. The time limit for filing a lawsuit may differ by state. Kansas is an example. It requires families to file a case within two years after the birth of their child who has been injured. Some states have deadlines that are longer and it is imperative to talk with a reputable Erb's palsy attorney as soon as you can 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 Erb's palsy. The defendants could include your obstetrician as well as other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to show that there medical malpractice occurred and that the injuries could have been prevented. They will go through your child's medical records and gather expert testimony to back your case.

Depending on the situation, your Erb's palsy lawyer may negotiate a settlement or take the case to trial. Settlements typically provide faster access to compensation than a trial would. It is not certain that the settlement amount will be fair to your family. Your attorney will do everything possible to ensure that you receive the maximum compensation.

Filing an action

The process of filing a lawsuit differs from state to state, but it typically begins with an attorney looking over the details of the case and the facts during a free legal case assessment. They will then inform the client if they have a case.

If a claim is viable, the lawyer will mail the doctor an email requesting financial compensation. The amount sought will be determined by the severity of the injury and the amount they will cost to treat. Most Erb's palsy attorneys will recommend settling out of court to accelerate the process and avoid a lengthy trial.

Lawsuits that are successful will award families with cash compensation to pay for the treatment of their child. They can also prevent other children from being affected by the same fate by making healthcare professionals accountable for their negligence.

Two teams of lawyers will present arguments on behalf of the clients in an action. They will attempt to persuade jurors or judges that their client's healthcare professional did the right thing and in a reasonable manner, whereas the lawyer representing the defendant will argue that they did not. The case will be argued in the event that a settlement cannot be reached. The length of a trial will depend on how much evidence is presented and the extent of the case. Most cases are settled out of court. A trial can be lengthy and result in no compensation for the plaintiff if the jury or the judge are not in agreement with their arguments.

Mediation

If a child is born with Erb's Palsy parents are confronted with an entire life of medical expenses and other costs. These costs can quickly add over time and put financial stress on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The cause of Erb's palsy is damage to the brachial nerves which originate through the spinal cord into the neck, and eventually into the arm. The nerves can be damaged in a variety of ways by excessive pulling on the baby's shoulders and head during delivery. Erb's syndrome can also be caused by the use of forceps during delivery. During a birth physician may pull too hard or stretch the shoulder to dislodge it from the birth canal and cause damage to the brachial plexus.

Some babies' shoulders are stuck behind the mother's cervical region during the vaginal birth process (shoulder dystocia). In such cases the doctor may attempt to free the infant's shoulder by pulling harder on the shoulders and head or using forceps. This can overstretch the brachial nerves and cause Erb's palsy. It is possible for a doctor recognize risk factors that can lead to shoulder dystocia and take preventative measures. If a doctor fails to do this they may be held responsible for an Erb's palsy claim.

To prove that there was a malpractice in a lawsuit, plaintiffs must prove that the defendant's deviance from accepted practices proximately led to the injury. Defendants often claim that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's position or intrauterine malformations.