Erb's Palsy Attorneys

Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence played a role in their child's condition. The injury could be caused by excessive pulling on a bundle of nerves located in the shoulders known as the brachial complex.

An experienced lawyer can help victims receive financial compensation. Settlements may provide future medical treatment, therapy, and surgery.

Compensation

It can be expensive to care for and raise a child with Erb's palsy. An attorney can help families receive the money they need to cover these expenses. This includes money to pay for medical expenses, physical and occupation therapy as well as adaptive devices, emotional support and other expenses.

A successful lawsuit may also be able to hold negligent medical professionals accountable. This can stop them from making the same mistakes in the future. Legal action can give families a satisfaction and closure after their child's whole life has been turned upside down due to an injury to their birth.

If a baby sustains an injury to the brachial plexus nerves in delivery, it can cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's shoulders and head during labor. This can result from the improper application of tools like vacuum extractors or forceps during labor. It can also happen when doctors press on the baby's shoulders to help with complications.

If a physician fails to properly prepare and manage complications during birth, it could result in an Erb's palsy lawsuit. A lawyer can make the process as painless as possible for the family. They can gather the hospital records and witness statements to construct an argument that is strong on behalf of the family. They can also negotiate with the opposing party to reach a fair settlement.

Statute of limitations

Families are legally required to file a lawsuit within a certain time frame after their child is injured. The time frame for filing a lawsuit can differ from state to state. Kansas, for example, requires a family to file a case within two years from the birth of their child who has been injured. Some states have deadlines that are longer and it is imperative to talk with a reputable Erb's palsy attorney as soon as possible to ensure your family can file a claim within the required timeframe.

Your legal team will make a complaint against those responsible for your child's Erb's palsy. The defendants could include your obstetrician, other medical professionals, and the hospital where the injury occurred. During the discovery phase, your lawyers will collect evidence to show that there medical malpractice occurred and that the injuries could have been prevented. They will go through your child's medical records and gather expert witness testimony to support your case.

Depending on the situation, your Erb's palsy lawyer can make a deal or take the case to trial. A settlement typically provides faster access to compensation than a trial would. However, it is not guaranteed that your family will get a fair settlement amount. Your lawyer will work hard to secure the highest compensation award possible.

Filing a Lawsuit

The process to file a lawsuit varies by state, but generally, a lawyer will examine the case's details and facts as part of a free legal evaluation. The attorney will tell the client whether they have a case that is valid.

If the lawyer thinks the claim is meritorious and merits consideration, he will write an email to the doctor asking for compensation. The amount sought will be determined based on the extent of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will suggest settling out of court to speed up the process and avoid lengthy trials.

The lawsuits that succeed will provide families with an amount of money to cover the treatment of their child. By holding healthcare professionals accountable for their mistakes and wrongful conduct, they will also ensure that future children don't suffer the exact same fate.

Two teams of lawyers will argue on behalf of their clients in an action. They will attempt to convince a jury or judge the healthcare provider who treated their client properly and in a fair manner, while the lawyers representing the defendant will argue against. 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 that is presented and the complexity. However the majority of cases are settled out of court. This is because the trial process can add a significant amount of time to the legal process. It could also result in no compensation if a judge or jury does not agree with the plaintiff's argument.

Mediation

If a child is born with Erb's Palsy, their parents face a lifetime of medical care and other costs. These expenses can quickly add up and put a financial strain on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is a problem with the brachial plexus nerves, which extend through the spinal cord into the neck and into the arm. These nerves are susceptible to injury in a variety of ways, including when you pull too hard on your baby's head and shoulders during the birth. Erb's syndrome can also arise from the use of forceps during birth. In the course of a delivery physician may pull too hard or stretch the shoulder to remove it from the birth canal and cause damage to the brachial plexus.

Some babies' shoulders become stuck behind the mother's cervical region in vaginal delivery (shoulder dystocia). In these cases the doctor may attempt to get rid of the shoulder by pulling the head or shoulders harder or using forceps. This can cause strain on the brachial plexus nerves, which can cause Erb's palsy. A doctor can recognize risk factors for shoulder dystocia and take preventative measures. If a doctor fails to do so they may be held responsible for an Erb's palsy claim.

To establish malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviation from accepted practice proximately caused the injury. Defendants will often claim that shoulder dystocia is caused by unrelated factors, such as abnormalities of the baby's position or intrauterine malformations.