erb's palsy law firm Palsy Attorneys

Parents whose children develop Erb's Palsy often have concerns about whether medical negligence was a factor in the development of their child's condition. The injury could be caused by excessive pulling on a ring of nerves in the shoulder called the brachial plexus.

An experienced attorney can help victims receive financial compensation. Settlements can cover future medical care, therapy, and surgery.

Compensation

It can be costly to raise and care for a child with Erb's palsy. A lawyer can help families get the compensation they need to cover these costs. This includes money for medical expenses, physical and occupational therapy as well as adaptive devices, emotional support and other expenses.

A successful lawsuit can also bring medical professionals who have been negligent to account. This can prevent them from making similar mistakes in the future. Legal actions can give families a the sense of justice and closure when their child's entire life has been altered by an injury to their birth.

Erb's spalsy can happen when the baby is injured due to the brachial-plexus nerves while being born. These injuries result from excessive stretching or pulling of the baby's shoulders and head during birth. This can be caused by improper use of labor tools like a vacuum extractor or forceps or when doctors try to resolve issues by pushing on the baby's shoulder.

If a physician fails to adequately prepare for and manage complications during the birth, it may cause an Erb's palsy lawsuit. An attorney can help make the process as painless as is possible for the family. They can collect hospital records, witness testimony, and more to build a strong case on the behalf of the family. They can also negotiate a fair settlement with the other party.

Statute of Limitations

The law obliges families to make a claim within a specified time after the injury of their child. The time limit for filing a lawsuit may vary by state. Kansas, for instance, requires families to submit a claim within two years from the birth of a child who was injured. Certain states have longer deadlines and it is essential to speak with a reputable Erb's Palsy attorney as soon as possible to ensure that your family can file a claim within the appropriate timeframe.

Your legal team will file a formal complaint against the parties who are accountable for your child's Erb palsy. Your doctors, Erb's palsy attorney including your obstetrician, could be named as defendants as well as the hospital where the injury occurred. During the discovery process, your attorney will gather evidence to prove that medical malpractice occurred and also prove that the injuries were prevented. They will look through the records of your child and collect expert testimony to support your claim.

Your Erb's palsy attorney will negotiate an agreement based on your specific situation or bring the case to court. A settlement typically provides faster access to compensation than a trial could. However, it is not certain that your family will get a fair settlement amount. Your lawyer will do everything in his power to ensure that you receive the maximum compensation.

Filing a Lawsuit

The procedure for filing a lawsuit differs by state, but in general an attorney will examine the case's details and facts as part of a free legal evaluation. The lawyer will inform the client if they have a case that is valid.

If the lawyer thinks a claim has merit then he will send a letter to the doctor requesting 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 attorneys will recommend settling the case outside of court to accelerate the process and avoid lengthy trials.

If the lawsuit is successful, the families will receive monetary compensation for the care of their child. By demanding that healthcare professionals be held accountable for their errors and wrongful conduct, they will also keep future children from suffering the exact same fate.

Two teams of lawyers will argue on behalf of clients in an action. They will attempt to convince a jury or judge the healthcare provider of their client acted properly and in a fair manner, while the lawyers representing the defendant will argue for a different position. If a settlement is not reached, the case will be put to trial. The duration of a trial will be determined by how much evidence is provided and the extent of the case. 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 doesn't agree with the plaintiff's position.

Mediation

Parents of a child who was born with Erb’s Palsy will have to pay for medical expenses throughout their lives. These costs can quickly add in the future and put financial pressure on families. Brooklyn Erb's Palsy lawyers can help parents seek fair compensation.

The root cause of Erb's syndrome is a problem with the brachial-plexus nerves which run from the spinal cord down the neck before reaching the arm. The nerves can be damaged in many ways, including excessive pulling on the baby's shoulders and head during delivery. Erb's palsy can also result from the use of forceps during birth. During the delivery, the doctor may pull or stretch the shoulder too much to take it out of the birth canal. This can cause damage to the brachialplexus.

Shoulder dystocia is when a baby's shoulders become stuck behind the cervical cervix of the mother. In these situations the doctor may attempt to free the shoulder by pulling on the head or shoulders harder or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. A doctor can identify the risk factors that can cause shoulder dystocia and take preventative steps. If a doctor fails to take this step could be held accountable for claims related to Erb's 'Palsy.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury to prove malpractice. Defense lawyers 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.