Erb's Palsy Attorneys

Parents of children who suffer from erb's palsy lawsuit syndrome often have questions about whether medical negligence was the cause in their child's condition. The injury can be caused by excessive pulling on a ring of nerves in the shoulders called the brachial plexus.

An experienced lawyer can assist victims in receiving financial compensation. A settlement may cover treatment, surgery, or future medical treatments.

Compensation

It can be costly to raise and take care of a child with Erb's Palsy. An attorney can assist families receive the financial aid needed to cover these costs. This includes money for medical expenses as well as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit can also bring medical professionals who have been negligent to account. This can prevent them from making the same mistake again in the future. Legal action can provide families with satisfaction and closure when their child's whole life has been turned upside down due to an injury to their birth.

If a newborn suffers an injury to the brachial plexus nerves in birth, it can result in Erb's palsy. These injuries result from excessive stretching or pulling of the baby's neck and shoulders during labor. This could result from the improper use of tools such as vacuum extractors or forceps during labor. It could also happen when doctors press on the baby's shoulders to help with complications.

Erb's Palsy lawsuits can be filed when a physician does not properly prepare and manage any complications that might arise during childbirth. A lawyer can make the process as painless as possible for the family. They can collect hospital records, witness testimony, and more to create an argument that is strong on the family's behalf. They can also negotiate a fair settlement with the other party.

Statute of Limitations

The law requires families to file a lawsuit within a specified time after the injury of their child. The statutes of limitations for each state may vary. Kansas, for example, requires a family to file a claim within two years of the birth of their injured child. Certain states have longer deadlines and it is imperative to consult with an experienced Erb's palsy attorney as soon as possible to ensure that your family can file a claim within the required timeframe.

Your legal team will file a formal complaint against the parties who are responsible for your child's Erb palsy. Your obstetrician and other medical professionals could be named as defendants along with the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to show that there was medical negligence and that the injuries could have been prevented. They will review the records of your child and collect expert testimony to support your claim.

Depending on your situation your Erb's friend's lawyer will either reach a settlement or go to the case to trial. Settlements typically provide faster access to compensation than a trial could. It is not guaranteed that the settlement amount will be fair to your family. Your attorney will do all he can to secure the maximum compensation.

Filing a Lawsuit

The procedure for filing a lawsuit is different by state, but generally, a lawyer will analyze the case's specifics and facts as part of an evaluation of the legal situation for free. They will then advise the client whether or not they have a case.

If a claim is deemed to be viable, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount requested will be based on the severity of the injury and what they will cost to treat. The majority of Erb's friendsy attorneys suggest settling out of court to accelerate the process and avoid a lengthy trial.

A successful lawsuit will be able to award families an amount of money to cover their child's treatment. They can also others avoid suffering the same fate as they did by the healthcare professionals held accountable for their negligence.

A lawsuit will comprise two lawyers representing their clients. They will attempt to persuade jurors or judges that their client's healthcare provider was able and ethical while the defense lawyers will argue that they did not. If a settlement is not reached the case will be put to trial. The length of a trial will depend on how much evidence is presented and the difficulty of the case. However most cases are settled outside of court. A trial may take a long time and result in no compensation for the plaintiff if the judge or jury are not in agreement with their argument.

Mediation

Parents of a child who was born with Erb’s Palsy will have to pay for medical bills throughout their lives. These costs can quickly add over time and put financial stress on the family. Brooklyn Erb's Palsy lawyers can help parents seek an equitable amount of compensation.

The brachial nerves, which run from the spine and neck and into the arm is the reason of Erb's Palsy. These nerves can be injured in different ways by excessive pulling on the baby's shoulders and head during delivery. Erb's palsy may also result from the use of forceps during delivery. During the delivery, the doctor might pull or stretch the shoulder too far to free it from the birth canal. This could cause damage to the brachialplexus.

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

In order to prove the malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviance from accepted practices proximately led to the injury. Defendants often claim that shoulder dystocia is caused due to unrelated causes, such as the abnormality of the baby's positioning or intrauterine malformations.