Erb's Palsy Attorneys

Parents whose children develop Erb's syndrome often have questions about whether medical negligence played a role in the development of their child's condition. This injury can result from excessive pulling on a bundle of nerves in the shoulder known as the brachial nerve.

An experienced lawyer can help victims receive financial compensation. Settlements can cover treatment, surgery, or future medical expenses.

Compensation

It can cost a lot to raise and care for the child with erb's palsy law syndrome. An attorney can help families receive the compensation needed to cover these expenses. This includes money to cover medical expenses, physical and occupation therapy and adaptive devices, emotional support, and other expenses.

A successful lawsuit could also make medical professionals accountable for their mistakes. This can stop them from repeating similar mistakes in the future. Legal action can give families a the sense of justice and closure when the child's life has been turned upside down by an injury to their birth.

If a baby is afflicted with an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's neck and shoulders during delivery. This can be caused by inexperienced use of labor tools, such as a vacuum extractor or forceps, or it may occur when doctors try to resolve issues by pushing on the baby's shoulder.

Erb's-Palsy lawsuits can be filed when a doctor does not properly prepare and handle complications that may arise during the birth of a child. An attorney can work to make the process as stress-free as possible for the family. They can collect hospital records, witness statements, and more to create a strong case on the family's behalf. They can also negotiate a fair settlement with the other party.

Statute of limitations

The law obliges families to file a lawsuit within a specified time after their child's injury. The state-specific statutes of limitation may differ. Kansas for instance, requires that a family make a claim within two years from the birth of a child injured. Some states have extended deadlines. It is imperative to consult a reputable Erb’s palsy lawyer as quickly as you can to ensure that your family can file their claim within the required time frame.

Your legal team will bring a lawsuit against the parties accountable for your child's Erb's syndrome. The defendants could include your obstetrician, other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorney will gather evidence to prove that there was medical malpractice and the injuries could have been avoided. They will go through the child's medical records and gather expert evidence to back your claim.

Your Erb's Palsy lawyer will negotiate the settlement of your specific situation or bring the case to the court. A settlement typically gives faster access to compensation than a trial would. It is not guaranteed that the amount of settlement will be fair to your family. Your attorney will work diligently to get the highest compensation award possible.

Filing a Lawsuit

The process of filing a lawsuit differs from state to state, but it typically begins with an attorney reviewing the case details and facts during a free legal case evaluation. They will then inform the client whether or not they have an issue.

If a claim is deemed to be viable the lawyer will then send the doctor an order letter requesting financial compensation. The amount sought will be determined based on the severity of the injury and the amount they will cost to treat. Most Erb's palsy lawyers will recommend that you settle your case out of court to speed up the process.

If the lawsuit is successful, families will receive monetary compensation for the treatment of their child. They also will help others avoid suffering the same fate, by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will comprise two lawyers arguing on behalf their clients. They will try to convince a jury or judge the healthcare provider for their client acted appropriately and reasonably, while the lawyers of the defendant will argue for a different position. The case will go to trial if a settlement is not reached. The duration of a trial is contingent on the amount of evidence offered and the degree of complexity. The majority of cases are settled out of court. A trial can take a long time and Erb's Palsy Attorneys may not result in a settlement for the plaintiff in the event that the jury or the judge do not agree with their argument.

Mediation

Parents of a child with Erb’s Palsy will have to pay for medical expenses throughout their lives. These costs are likely to increase quickly and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can help parents obtain fair compensation.

The root cause of Erb's syndrome is the damage to the brachial nerves which originate from the spinal cord to the neck and into the arm. These nerves can be injured through a variety ways, for example, by pulling excessively on the baby's shoulders and head during delivery. erb's palsy settlement Palsy can also result from the use of forceps during delivery. During a delivery the doctor may pull too hard or stretch the shoulder to dislodge it from the birth canal and cause damage to the brachial plexus.

Some infants' shoulders become trapped behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these instances the doctor Erb's Palsy attorneys might try to get rid of the shoulder by pulling the head or shoulders harder or using forceps. This could cause Erb's palsy by stretching the brachial nerves. It is possible for a doctor detect risk factors that could lead to shoulder dystocia and take preventative measures. If a doctor fails to do this could be held accountable for claims relating to Erb's Palsy.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury to prove malpractice. Defendants often claim that there are no other reasons for the child's shoulder dystocia, for example abnormalities in the baby's positioning or intrauterine malformations.