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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 from excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves.

An experienced lawyer can help victims receive financial compensation. A settlement could cover future medical care as well as therapy and surgery.

Compensation

It can be costly to care for and raise a child with Erb's palsy. An attorney can assist families receive the financial aid needed to pay for these expenses. This includes money to cover medical expenses, physical and occupational therapy, adaptive devices, emotional support, and other expenses.

A successful lawsuit can also be able to hold negligent medical professionals accountable. This can stop them from making the same mistakes again in the future. Legal action can provide families with an understanding of justice and closure after their child's whole life has been turned upside down by birth injuries.

When a baby suffers an injury to the brachial plexus nerves in birth, it can result in Erb's palsy. These injuries are usually caused by excessive pulling or stretching of the baby's head and shoulders during the birth. This can be due to improper 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.

Erb's Palsy lawsuits may be filed when a physician is not prepared to handle complications that may arise during the birth of a child. An attorney can help make the process as smooth as possible for the family. They can gather hospital records and witness statements to make a strong argument on behalf of the family. They can also negotiate with the other side to negotiate an acceptable settlement.

Statute of limitations

The law obliges families to make a claim within a specific time period after the injury of their child. The statutes of limitations for each state may vary. Kansas for instance, requires families to make a claim within two years from the birth of a child injured. Certain states have longer deadlines. It is essential to seek out a reputable Erb's palsy lawyer as quickly as you can in order to make sure that your family can file their claim within the proper time period.

Your legal team will file an official complaint against the parties that are accountable for your child's Erb palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your lawyers will collect evidence to prove that there was medical malpractice and that the injuries were preventable. They will review your child's medical records and gather expert witness testimony to prove your case.

Depending on the situation your Erb's palsy lawyer may make a deal or take the case to trial. A settlement typically gives faster access to compensation than a trial could. It isn't certain that the settlement amount will be fair to you and your family. Your attorney will strive to obtain the highest amount of compensation that is possible.

Filing a Lawsuit

The procedure for filing a lawsuit differs from state to state, but generally begins with an attorney examining the case's details and facts in a free legal case assessment. The attorney will tell the client whether they have a valid case.

If the lawyer believes that a claim is legitimate, he will send a letter to the doctor asking for compensation. The amount requested will be determined by the severity of the injuries and the cost to treat. Most Erb's palsy attorneys will suggest settling outside of court to speed up the process and avoid lengthy trials.

If the lawsuit is successful, it will give families an amount of money to cover the child's medical treatment. They can also prevent other children from suffering the same fate by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will comprise two lawyers arguing on behalf of their clients. They will attempt to convince a judge or jury their client's healthcare provider acted properly and in a fair manner, while the lawyers representing the defendant will argue otherwise. If a settlement cannot be reached the case will be put to trial. The duration of a trial is contingent on the amount of evidence provided and the degree of complexity. 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 jury or the judge do not agree with their arguments.

Mediation

When a child is born with Erb's Palsy, their parents face an entire lifetime of medical treatment and other expenses. These expenses can quickly add up and create financial strain on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy lawyers.

The reason for Erb's palsy is the damage to the brachial plexus nerves which originate from the spinal cord down the neck and into the arm. These nerves can be injured in a variety of 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 a birth the doctor may pull too hard or stretch the shoulder to remove it from the birth canal, causing damage to the brachial plexus.

Some babies' shoulders become lodged behind the mother's cervix during the vaginal birth process (shoulder dystocia). In such cases the doctor may try to free the baby's shoulder by pulling more forcefully on the head and shoulders or using forceps. This could cause overstretching of the brachial plexus nerves and cause Erb's palsy. A doctor can identify the risk factors for shoulder dystocia, and take preventative steps. If a physician fails to take this action they may be held accountable for an Erb's-related palsy claim.

Plaintiffs must prove that the defendant's aversion to the accepted method caused the injury to establish the malpractice. Defendants often argue that there are no other causes of the child's shoulder dystocia, including abnormalities in the baby's positioning or intrauterine malformations.