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Erb's Palsy Attorneys

Parents of children with Erb's syndrome often have questions about whether medical negligence was the cause in their child's condition. The injury could be caused by excessive pulling on a ring of nerves that run through the shoulders known as the brachial complex.

An experienced attorney can help victims receive financial compensation. Settlements may provide future medical treatments as well as therapy and surgery.

Compensation

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

A successful lawsuit may also be able to hold negligent medical professionals accountable. This can help them avoid making the same mistake again in the future. Taking legal action can provide families with a sense of justice and closure after they have seen their child's life turned upside down by a birth injury.

If a newborn suffers an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries are usually caused due to excessive pulling or stretching of the baby's head and shoulders during birth. This could be due to improper use of tools during labor like forceps or a vacuum extractor, or it may occur when doctors try to treat issues by pushing on the baby's shoulder.

If a physician fails to properly prepare for and handle complications during birth, it could result in an Erb's palsy lawsuit. An attorney can help make the process as smooth as is possible for the family. They can collect hospital documents, witness statements, and more to create an effective case on behalf of the family's behalf. They can also negotiate with the other party to reach a fair settlement.

Statute of Limitations

Families are legally required to file a lawsuit in the time frame specified after their child was injured. The state-specific statutes of limitation may vary. Kansas for instance, requires families to file a case within two years from the birth of their child who has been injured. Certain states have longer deadlines and it is imperative to speak with a reputable Erb's palsy attorney as soon as possible to ensure your family can file a claim within the required window.

Your legal team will make a complaint against the parties responsible for your child's Erb's palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to prove that there an error in medical care and that the injuries could have been prevented. They will go through the medical records of your child and gather expert witness testimony to support your case.

Based on the circumstances, your Erb's palsy lawyer will either reach a settlement or go to the case to trial. Settlements typically allow the payment to be made faster than the time required for a court trial. However, it is not guaranteed that your family will receive a fair settlement amount. Your attorney will be diligent to secure the highest compensation award possible.

Filing a Lawsuit

The process of filing a lawsuit varies by state, but it generally begins with an attorney looking over the details of the case and the facts during a free legal evaluation. The attorney will tell the client if they have a case that is valid.

If a claim is viable the lawyer will send the doctor an email requesting financial compensation. The amount of compensation sought will depend on the severity of the injuries and the expense to treat them. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid lengthy trials.

If the lawsuit is successful, the families will be awarded monetary compensation for the treatment of their child. By holding healthcare professionals accountable for their mistakes they can also to prevent future children from suffering the exact same fate.

Two teams of lawyers will argue on behalf of their clients in the course of a lawsuit. They will try to convince a jury or judge the healthcare provider for their client acted in a reasonable and ethical manner, whereas the lawyers of the defendant will argue that. If a settlement cannot be reached, the case will go to trial. The length of a trial will depend on how much evidence is presented and the complexity of the case. However the majority of cases settle out of court. This is because the trial process can add a significant amount of time to the legal process, and could result in no compensation for the plaintiff if the jury or judge does not agree with the plaintiff's position.

Mediation

If a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other expenses. These costs can quickly add in the future and put financial pressure on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is damage to the brachial nerves which run from the spinal cord down the neck and into the arm. These nerves are susceptible to injury in many ways, including excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can also arise from the use of forceps during the delivery. During delivery, a doctor might pull or stretch the shoulder too far to take it out of the birth canal. This can cause damage to the brachialplexus.

Shoulder dystocia happens when a baby's shoulders become stuck behind the cervical cervix of the mother. In these cases the doctor might attempt to get rid of the shoulder by pulling on the shoulders or head more or by using forceps. This could cause overstretching of the brachial plexus nerves. This can cause Erb's palsy. A doctor is able to identify the risk factors for shoulder dystocia, and take preventative measures. If a doctor is unable to do this and fails to do so, they could be held liable for an Erb's palsy claim.

Plaintiffs must show that the defendant's aversion to the accepted method caused the injury in order to establish malpractice. Defendants will often claim that shoulder dystocia is caused by non-related factors, like abnormalities of the baby's posture or intrauterine malformations.