Erb's Palsy Attorneys

Parents of children suffering from Erb's Palsy often worry about whether medical malpractice was the cause of the condition of their child. This injury could result by excessive pulling on brachial plexus, a swathe of shoulder nerves.

An experienced lawyer can help victims in receiving financial compensation. A settlement may cover therapy, surgery, and future medical treatment.

Compensation

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

A successful lawsuit may also make medical professionals accountable for their negligence. This will prevent them from making similar mistakes in the future. Taking legal action can provide families with a sense of justice and closure after they have seen their child's lives turned upside down due to an injury to their birth.

If a newborn suffers an injury to the brachial plexus nerves during delivery, it can cause Erb's palsy. These injuries are typically caused by excessive pulling or stretching of the baby's head and shoulders during birth. This could result from the improper application of tools like vacuum extractors or forceps during labor. It may also occur when doctors push on the baby's shoulders to solve any issues.

If a doctor doesn't properly prepare and manage complications during the birth, it may result in an Erb's palsy lawsuit. A lawyer can help make the process as stress free as possible for the family. They can gather hospital records as well as witness statements to make an argument that is strong on behalf of the family. They can also negotiate with the other side to reach an acceptable settlement.

Statute of Limitations

The law obliges families to bring a lawsuit within a specific time period after their child's injury. The statute of limitations can vary from state to state. Kansas, for example, requires families to file a claim within two years of the birth of their child who was injured. Certain states have longer deadlines and it is imperative to consult with a reputable Erb's palsy attorney as soon as you can to ensure your family can file a claim within the required window.

Your legal team will file a complaint against the parties responsible for your child's Erb's palsy. Your physician and other medical professionals could be named as defendants along with the hospital where the injury occurred. During the discovery process, your lawyers will collect evidence to prove that medical malpractice occurred and to prove that the injuries were avoidable. They will search through the records of your child and collect expert testimony to support your claim.

Depending on your situation, your Erb's palsy lawyer can reach a settlement or go to the case to trial. Settlements typically provide faster access to compensation than a trial would. It is not guaranteed that the amount of settlement will be fair to you and your family. Your attorney will work diligently to secure the highest amount of compensation that is possible.

Filing an action

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 advise the client if they have a case.

If the lawyer believes that the claim is meritorious, he will send a letter to the doctor asking for compensation. The amount sought will be based on the severity of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid lengthy trials.

A successful lawsuit will be able to award families cash compensation to pay for their child's treatment. They will also others avoid suffering the same fate by making healthcare professionals accountable for their negligence.

A lawsuit will involve two teams of lawyers arguing on behalf their clients. They will attempt to convince a jury or judge that the healthcare provider who treated their client in a reasonable and ethical manner, whereas the lawyers of the defendant will argue against. If a settlement is not reached, the case will be put to trial. The duration of a trial is contingent on the amount of evidence provided and the amount of evidence presented. Most cases are settled out of court. A trial can take a long time and may not result in a settlement for the plaintiff if the judge or jury are not in agreement with their argument.

Mediation

If a child is born with Erb's Palsy parents are faced with a lifetime of medical bills and other costs. These expenses can quickly mount up and place a financial burden on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is the result of damage to the brachial plexus nerves, which originate from the spinal cord to the neck and then into the arm. The nerves can be damaged in many ways, Erb's palsy including excessive pulling on the baby's head and shoulders during the birth. Erb's palsy can also be caused by the forceps used during delivery. In the course of a delivery physician may pull too hard or stretch the shoulder to dislodge it from the birth canal and cause damage to the brachial plexus.

Shoulder dystocia happens when a baby's shoulders get stuck behind the cervical cervix of their mother. In these cases the doctor may try to free the baby's shoulder by pulling harder on the shoulders and head or using forceps. This can strain the brachial plexus nerves and cause Erb's palsy. A doctor can recognize the risk factors that can cause shoulder dystocia and take preventative measures. If a doctor is unable to do this they may be held responsible for an Erb's palsy claim.

Plaintiffs must show that the defendant's deviation from accepted practice caused the injury in order to establish malpractice. Defense lawyers often claim that there were unrelated causes for the shoulder dystocia, including issues with the baby's posture or intrauterine malformations.