Erb's Palsy Attorneys

Parents whose children develop Erb's Palsy often have concerns about whether medical negligence was the cause in the child's condition. This injury can be caused by excessive pulling on a bundle of nerves that run through the shoulders known as the brachial nerve.

An experienced attorney can assist victims in obtaining financial compensation. A settlement could cover future medical treatment, therapy, and surgery.

Compensation

It can be expensive to care for and raise the child with Erb's syndrome. A lawyer can help families get the financial aid 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 could also bring medical professionals who have been negligent to account. This can prevent them from making the same mistake in the future. The legal process can give families a sense of peace and closure after having have witnessed their child's life turned upside down due to an injury at birth.

Erb's Palsy may occur when the baby is injured due to the brachial-plexus nerves while being delivered. These injuries are typically caused by excessive stretching or pulling of the baby's shoulders and head during labor. It could be due to inadequate use of tools during labor like forceps or a vacuum extractor or when doctors attempt to fix problems by pushing on the baby's shoulder.

When a doctor does not adequately prepare for and manage complications during birth, it can result in an Erb's-Plastic lawsuit. An attorney can make the process as painless as is possible for the family. They can collect hospital records, witness statements and much more to make an argument that is strong on the family's behalf. They can also negotiate an appropriate settlement with the other party.

Statute of Limitations

The law requires families to file a lawsuit within a set time following the incident of their child. The time limit for filing a lawsuit may differ from state to state. Kansas for instance, requires that families file a claim within 2 years after the birth of a child who was injured. Certain states have longer deadlines. It is important to consult a reputable Erb’s palsy lawyer as soon as possible in order to ensure that your family is able to file their claim within the appropriate time frame.

Your legal team will file an official complaint against those who are accountable for your child's Erb palsy. The defendants could include your obstetrician and other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorneys will gather evidence to prove that there an error in medical care and that the injuries could have been avoided. They will go through the medical records of your child and gather expert testimony from witnesses to support 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 payment to be made faster than a court trial. It isn't certain that the settlement amount will be fair to you and your family. Your lawyer will do everything in his power to ensure you receive the highest compensation.

Filing a Lawsuit

The procedure for filing a lawsuit is different by state, but generally, attorneys look over the case's details and details as part of an assessment of legal rights for free. The attorney will inform the client whether they have a case that is valid.

If the lawyer believes that a claim is legitimate the lawyer will send a letter to the doctor requesting compensation. The amount of compensation requested will depend on the extent of the injuries and the cost of treating them. Most Erb's palsy attorneys will suggest settling out of court to expedite the process and avoid lengthy trials.

If the lawsuit is successful, the families will be awarded financial compensation for the treatment of their child. They will also help others avoid being affected by the same fate by making healthcare professionals accountable for their negligence.

A lawsuit will involve two teams of lawyers who argue on behalf of their clients. They will attempt to convince a jury or judge the healthcare provider for their client acted in a reasonable and ethical manner, whereas the lawyers of the defendant will argue otherwise. The case will be tried in the event that a settlement cannot be reached. The length of a trial depends on the amount of evidence offered and the amount of evidence presented. The majority of 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 and could result in no compensation if the jury or judge do not support the plaintiff's case.

Mediation

If a child is born with Erb's Palsy the parents face an entire life of medical expenses and other expenses. These costs can quickly mount up and cause financial stress on the family. Brooklyn Erb's Palsy lawyers can assist parents to seek an equitable amount of compensation.

The cause of Erb's palsy is a problem with the brachial nerves which extend from the spinal cord to the neck, and eventually into the arm. The nerves can be damaged in many ways such as excessive pulling on the baby's shoulders and head during delivery. Erb's palsy may also result from the use of forceps during birth. During the process of delivery, the doctor might pull or extend the shoulder too much to take it out of the birth canal. This could cause damage to the brachialplexus.

Some babies' shoulders get stuck behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these instances the doctor may attempt to dislodge the infant's shoulder by pulling more forcefully on the head and shoulders or using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. It is possible for a physician recognize risk factors that may lead to shoulder dystocia and take preventative measures. If a doctor is unable to do this and fails to do so, they could be held accountable for an Erb's Palsy claim.

Plaintiffs must show that the defendant's deviation from the accepted procedure caused the injury to establish malpractice. The defendants often claim that there were unrelated causes for the child's shoulder dystocia. This could be due to problems with the baby's posture or intrauterine malformations.