Erb’s Palsy Attorneys

Parents of children with Erb’s Palsy often worry about whether medical negligence caused their child’s condition. The injury can be caused by excessive pulling on a bundle of nerves that run through the shoulders known as the brachial nerve.

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

Compensation

It can be expensive to raise and care a child with the condition Erb’s -. An attorney can help families get the money they need to cover these expenses. This includes money for medical expenses, physical and occupational therapy, adaptive devices, and emotional support.

A successful lawsuit may also make medical professionals accountable for their negligence. This will help them avoid making the same mistake again in the future. In the event of legal action, it can give families a sense of peace and closure after having have witnessed their child’s life changed by an injury at birth.

Erb’s spalsy can happen when the baby is injured by the brachial-plexus nerves while being born. These injuries are typically caused by excessive stretching or pulling of the baby’s shoulders and head during labor. It could be due to improper use of tools during labor, such as the vacuum extractor or forceps or when doctors try to treat issues by pressing on the baby’s shoulder.

Erb’s Palsy lawsuits can be filed when a physician does not properly prepare and manage any complications that might arise during childbirth. An attorney can help make the process as stress-free as is possible for the family. They can collect medical records and witness statements to construct an argument for the benefit of the family. They can also negotiate with the opposing side to reach a fair settlement.

Statute of limitations

Families are required by law to file a lawsuit in the specified timeframe after their child has been injured. State-specific statutes of limitations may differ. Kansas, for example, requires families to file a claim within two years of the birth of their child injured. Some states have extended deadlines. It is important to talk with a reputable Erb’s palsy lawyer as soon as you can, to ensure that your family is able to file their claim within the required time period.

Your legal team will file an official complaint against the parties who are accountable for your child’s Erb palsy. The defendants could include your obstetrician as well as other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorneys will gather evidence to prove medical malpractice and to prove that the injuries were prevented. They will go through the medical records of your child and gather expert witnesses to prove your claim.

The Erb’s Palsy lawyer you choose to work with will negotiate an agreement based on your particular situation or take the case to the court. A settlement usually provides quicker access to compensation than a trial could. It is not guaranteed that the settlement amount will be fair to your family. Your attorney will work diligently to secure the highest amount of compensation possible.

Filing a Lawsuit

The process of filing a lawsuit is different for each state, but it typically begins with an attorney examining the case details and facts in a free legal case assessment. They will then inform the client if they have a case.

If a claim is viable, the lawyer will send the doctor an email requesting financial compensation. The amount sought will be based on the severity of the injury and what they will cost to treat. Most Erb’s palsy attorneys will suggest settling outside of court to accelerate the process and avoid a lengthy trial.

If the lawsuit is successful, families will receive financial compensation for the care of their child. They will also help others avoid suffering the same fate as they did by making healthcare professionals accountable for their negligence.

Two teams of lawyers will argue on behalf of their clients in a lawsuit. They will attempt to convince a jury or judge that the healthcare provider for their client acted in a reasonable and ethical manner, whereas the lawyers representing the defendant will argue otherwise. If a settlement cannot be reached the case will be put to trial. The length of the trial depends on the amount of evidence presented and the degree of complexity. Most cases are settled out of court. A trial can be lengthy and may not result in a settlement for the plaintiff in the event that the judge or jury are not in agreement with their arguments.

Mediation

When a child is born with Erb’s Palsy, their parents face a lifetime of medical bills and other expenses. These expenses can quickly mount up and put financial pressure on a family. Parents can seek fair compensation working with Brooklyn Erb’s Palsy lawyers.

Damage to the brachial nerves, which run from the spine and neck into the arm is the cause of Erb’s Palsy. These nerves can be injured in many ways, including 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 a birth the doctor may pull too hard or extend the shoulder to release it from the birth canal and cause damage to the brachial plexus.

Some babies’ shoulders become stuck behind the mother’s cervical region during the vaginal delivery process (shoulder dystocia). In these instances the doctor may try to free the infant’s shoulder by pulling more forcefully on the head and shoulders or using forceps. This could cause overstretching of the brachial plexus nerves, which can cause Erb’s palsy. It is possible for a physician detect risk factors that could cause shoulder dystocia, and take preventative measures. If a physician fails to do so they may be held accountable for an Erb’s palsy claim.

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