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 can result from excessive pulling on a ring of nerves in the shoulders called the brachial plexus.

A knowledgeable attorney can assist victims in receiving financial compensation. Settlements may pay for therapy, surgery, and future medical treatments.

Compensation

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

A successful lawsuit could be able to hold negligent medical professionals accountable. This will help them avoid making the same mistake in the future. The legal process can provide families with a sense of closure and justice after they had their child's world turned upside down due to an injury to their birth.

Erb's spalsy can happen when babies are injured by the brachial plexus nerves as they are being born. These injuries are usually caused due to excessive pulling or stretching of the baby's neck and shoulders during the birth. This can result from the improper use of tools, such as vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders in order to resolve complications.

Erb's Palsy lawsuits may be filed when a physician is unable to properly prepare and manage any complications that might arise during childbirth. An attorney can make the process as painless as is possible for the family. They can collect the hospital records and witness statements to construct a convincing argument on behalf of the family. They can also negotiate with the opposing party to reach an acceptable settlement.

Statute of limitations

Families are required by law to file a lawsuit within the time frame specified after their child has been injured. State-specific statutes of limitations may vary. Kansas is an example. It requires families to file a claim within two years after the birth of their injured child. Certain states have longer deadlines and it is imperative to talk with a reputable Erb's palsy attorney as soon as possible to ensure your family can file an claim within the proper window.

Your legal team will file an official complaint against the parties who are responsible for your child's Erb palsy. Your doctors, including your obstetrician, could be named as defendants along with the hospital where the injury took place. During the discovery phase, your attorneys will gather evidence to prove that there was medical malpractice and the injuries could have been avoided. They will search through the records of your child and collect expert testimony to support your claim.

Your Erb's palsy attorney will negotiate the settlement of your situation or bring the case to the court. A settlement usually provides quicker access to compensation than a trial would. However, Erb's it's not certain that your family will get a fair settlement amount. Your lawyer will do all he can to ensure you receive the highest amount of compensation.

Filing a Lawsuit

The process of filing a lawsuit differs from state to state, but generally begins with an attorney reviewing the case details and facts during a free legal case evaluation. They will then advise the client if they have a case.

If the lawyer believes a claim is legitimate, he will send an email to the doctor requesting compensation. The amount requested will be determined by the severity of the injury and the amount they will cost to treat. Most Erb's palsy lawyers will suggest that you settle out of court to speed up the process.

If the lawsuit is successful, families will be awarded financial compensation for the care of their child. By demanding that healthcare professionals be held accountable for their errors, they will also help ensure that future children don't suffer the exact same fate.

Two teams of lawyers will argue on behalf of the clients in an action. They will attempt to persuade the jury or judge that their client's healthcare professional did the right thing and in a reasonable manner while the defense lawyers will argue that they did not. If a settlement is not reached, the case will go to trial. The duration of a trial is contingent on the amount of evidence that is presented and the complexity. Most cases are settled out of court. A trial may take a long time and result in no compensation for the plaintiff if the jury or the judge are not in agreement with their arguments.

Mediation

Parents of a child with Erb's Palsy will have to pay for medical expenses throughout their life. These costs are likely to increase quickly and create financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents get an equitable amount of compensation.

Damage to the brachial nerves that run through the neck and into the arm is the cause of Erb’s palsy. These nerves can be injured in many ways, including excessive pulling on the baby's shoulders and head during delivery. Erb's palsy can also be caused by the use of forceps in delivery. During delivery, a doctor might pull or stretch the shoulder too far to remove it from the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders become stuck behind the mother's cervical region during vaginal birth (shoulder dystocia). In these instances the doctor might attempt to dislodge the infant's shoulder by pulling harder on the shoulders and head or by using forceps. This can strain the brachial plexus nerves. This can cause Erb's palsy. It is possible for a doctor recognize risk factors that may lead to shoulder dystocia and take preventative measures. If a doctor fails to take this step could be held responsible for Erb's Palsy claims.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury in order to prove malpractice. Defendants will often claim that shoulder dystocia is caused by a variety of unrelated factors, like abnormalities of the baby's positioning or intrauterine malformations.