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Erb's Palsy Attorneys

Parents whose children develop Erb's syndrome often have questions about whether medical negligence played a role in the child's condition. The injury can result from excessive pulling on a ring of nerves in the shoulders called the brachial plexus.

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

Compensation

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

A successful lawsuit could bring medical professionals who were negligent to blame. This will prevent them from making the same mistakes in the future. The legal process can give families a sense satisfaction and closure after they have witnessed their child's life changed by an injury at birth.

When a baby suffers an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries result from excessive stretching or pulling of the baby's neck and shoulders during delivery. This can be caused by inadequate use of labor tools like the vacuum extractor or forceps or when doctors try to resolve issues by pushing on the baby's shoulder.

Erb's Palsy lawsuits may be filed if a doctor fails to properly prepare and deal with complications that could arise during the birth of a child. An attorney can assist in making the process as easy as possible for the family. They can collect hospital records, witness statements and much more to make a solid case on the behalf of the family. They can also negotiate with the opposing party to reach a fair settlement.

Statute of Limitations

The law requires families to bring a lawsuit within a specific time period following the incident of their child. State-specific statutes of limitations can vary. Kansas, for example, requires a family to file a case within two years after the birth of their injured child. Certain states have longer deadlines and it is essential to speak with a reputable Erb's Palsy attorney as soon as you can to ensure that your family can file a claim within the required timeframe.

Your legal team will file an official complaint against the parties who are responsible for your child's Erb palsy. The defendants could include your obstetrician, other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorney will gather evidence to prove that there an error in medical care and that the injuries could have been prevented. They will search through your child's records and gather expert testimony to support your claim.

Your Erb's Palsy lawyer will negotiate the settlement of your specific situation or bring the case to the court. Settlements typically allow the payment to be made faster than a court trial. It is not certain that the settlement amount will be fair to you and your family. Your lawyer will work hard to secure the highest amount of compensation that is possible.

Filing an action

The procedure for filing a lawsuit is different for each state, but it typically begins with an attorney looking over the case's details and specifics during a free legal evaluation. The lawyer will inform the client whether they have a case that is valid.

If a claim is deemed to be viable, the lawyer will send the doctor an demand letter in order to request financial compensation. The amount requested will be determined based on the severity of the injury and the amount they will cost to treat. The majority of Erb's palsy lawyers will recommend settling out of court to accelerate the process and avoid lengthy trials.

Lawsuits that are successful will be able to award families an amount of money to cover the treatment of their child. They will also help keep other children from suffering the same fate by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will involve two teams of lawyers who argue on behalf of their clients. They will attempt to convince a judge or jury the healthcare provider for their client acted sensibly and with a sense of fairness, while the lawyers representing the defendant will argue otherwise. The case will be argued should a settlement not be reached. The length of the trial will depend on the amount of evidence that is presented and the degree of complexity. However most cases end up being settled out of court. A trial can take a long time and result in no compensation for the plaintiff in the event that the judge or jury are not in agreement with their arguments.

Mediation

If a child is born with Erb's Palsy the parents face an entire life of medical expenses and other expenses. These costs can quickly add in the future and put financial pressure on families. Brooklyn Erb's Palsy lawyers can assist parents obtain an equitable amount of compensation.

Damage to the brachial nerves which run from the spine through the neck to the arm is the cause Erb's syndrome. These nerves can become injured in a variety of ways, such as when you pull too hard on your baby's shoulders and head during the birth. Erb's Palsy can be caused by use of forceps in delivery. During the delivery, the doctor might pull or stretch the shoulder too far to pull it out of the birth canal. This could cause damage to the brachialplexus.

Shoulder dystocia occurs when a baby's shoulders get caught behind the cervical cervix of the mother. In these cases the doctor might attempt to dislodge the infant's shoulder by pulling harder on the head and shoulders or by using forceps. This can strain the brachial plexus nerves, which can cause Erb's palsy. A doctor can identify the risk factors for shoulder dystocia and take preventative measures. If a doctor does not do this may be held accountable for Erb's Palsy claims.

Plaintiffs must prove that the defendant's deviation from accepted practice caused the injury in order to establish the malpractice. The defendants will often argue that shoulder dystocia is caused by non-related causes, such as the abnormality of the baby's position or intrauterine malformations.