Erb's Palsy Attorneys

Children who develop Erb's syndrome often have questions about whether medical negligence was a factor in the development of their child's condition. The injury may result due to excessive pulling on the brachial plexus, a swathe of shoulder nerves.

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

Compensation

It can be costly to raise and care for children with Erb's palsy. A lawyer can help families receive the money they require to pay for these expenses. This includes funds for medical expenses as well as occupational and physical therapy, adaptive devices, and emotional assistance.

A successful lawsuit may also be able to hold negligent medical professionals accountable. This can stop them from making the same mistakes again in the future. The legal process can give families a sense of peace and closure after having have seen their child's life turned upside down by a birth injury.

Erb's Palsy can occur when babies are injured by the brachial-plexus nerves during being born. These injuries can be caused by excessive stretching or pulling of the baby's shoulders and head during the delivery. This can be caused by improper use of tools like vacuum extractors or forceps during labor. It can also happen when doctors press on the baby's shoulders in order to treat any complications.

If a physician fails to properly prepare and manage complications during birth, it can result in an Erb's Palsy lawsuit. An attorney can make the process as painless as is possible for the family. They can gather the hospital records and witness statements to make a strong argument on behalf of the family. They can also negotiate an appropriate settlement with the other party.

Statute of limitations

The law requires families to file a lawsuit within a certain time frame after the injury of their child. State-specific statutes of limitations may differ. Kansas is an example. It requires a family to file a case within two years after the birth of their child injured. Some states have longer deadlines and Erb's palsy it is imperative to speak with a reputable Erb's palsy attorney as soon as you can to ensure that your family is able to file an appropriate claim within the timeframe.

Your legal team will bring a lawsuit against those responsible for your child's Erb's palsy. The defendants could include your obstetrician, other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorney will collect evidence to show that there medical malpractice occurred and that the injuries could have been avoided. They will review the medical records of your child and gather expert witness testimony to support your case.

Your Erb's Palsy lawyer will negotiate the settlement of your circumstances or take the case to the court. A settlement usually allows for the compensation to be received more quickly than a court trial. It isn't certain that the settlement amount will be fair to your family. Your attorney will work diligently to reach the maximum compensation award possible.

Filing a Lawsuit

The procedure for filing a lawsuit varies by state, but it generally begins with an attorney reviewing the details of the case and the facts during a no-cost legal case evaluation. They will then advise the client whether or not they have an issue.

If a claim can be made, the lawyer will send the doctor an order letter requesting financial compensation. The amount requested will be determined based on the severity of the injury and Erb's Palsy the cost to treat. The majority of Erb's palsy lawyers will recommend settling out of court to speed up the process and avoid a lengthy trial.

If the lawsuit is successful, families will be awarded financial compensation for the treatment of their child. They will also help keep other children from suffering the same fate as they did by holding healthcare professionals responsible for their negligence.

A lawsuit will include two teams of lawyers representing their clients. They will try to convince the jury or judge that their client's healthcare provider behaved in a fair and appropriate manner while the defense lawyers will argue that they did not. The case will be tried when a settlement isn't reached. The length of a trial will depend on how much evidence is presented and the nature of the case. However most cases are settled outside of court. This is due to the fact that trial proceedings can add significant amount of time to the legal process. It could also result in no compensation if the jury or judge does not support the plaintiff's case.

Mediation

If a child is born with Erb's Palsy, their parents face an entire life of medical expenses and other costs. These costs are likely to increase quickly and put a financial strain on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy lawyers.

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

Some infants' shoulders become stuck behind the mother's cervix in vaginal delivery (shoulder dystocia). In these cases the doctor might try to remove the shoulder by pulling on the head or shoulders harder or using forceps. This can strain the brachial nerves and cause Erb's palsy. A doctor is able to identify the risk factors for shoulder dystocia, and take preventative steps. If a doctor fails to do this could be held accountable for the claims of Erb's palsy.

Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury to establish the malpractice. Defendants often argue that there were unrelated causes for the child's shoulder dystocia, such as issues with the baby's posture or intrauterine malformations.