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Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy frequently have questions about whether medical negligence was the cause in the development of their child's condition. The injury may result due to excessive pulling on the brachial-plexus which is a group of shoulder nerves.

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

Compensation

It can be expensive to raise and care for children with Erb's palsy. A lawyer can help families get the financial aid they need to cover these costs. This includes money for medical expenses such as occupational and physical therapy, adaptive devices and emotional support.

A successful lawsuit can also bring medical professionals who have been negligent to account. This will prevent them from repeating the same mistakes in the future. The legal process can give families a sense peace and closure after having have seen their child's lives changed by the birth injury.

Erb's Palsy can occur when babies are injured by the brachial plexus nerves as they are being born. These injuries are typically caused by excessive pulling or stretching of the baby's head and shoulders during delivery. This can be caused by the incorrect application of tools like vacuum extractors or forceps during labor. It can also happen when doctors press on the baby's shoulders to treat any complications.

When a doctor does not properly prepare for and handle complications during the birth process, it can cause an Erb's palsy lawsuit. An attorney can make the process as smooth as is possible for the family. They can gather hospital documents, witness statements, and more to build an argument that is strong on the behalf of the family. They can also negotiate a fair settlement with the other party.

Statute of limitations

Families are required by law to file a lawsuit within the specified timeframe after their child was injured. The time limit for filing a lawsuit may differ from state to state. Kansas for instance, requires that a family file a claim within two years following the birth of a child who was injured. Some states have deadlines that are longer. It is important to consult a reputable Erb’s palsy lawyer as quickly as you can to ensure that your family is able to file their claim within the appropriate time frame.

Your legal team will make a complaint against those responsible for your child's Erb's Palsy. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery process, your lawyers will gather evidence to prove that medical malpractice occurred and that the injuries were prevented. They will search through the medical records of your child and gather expert evidence to back your claim.

Depending on your situation your Erb's palsy lawyer will either reach a settlement or go to the case to trial. A settlement typically provides faster access to compensation than a trial could. It isn't certain that the settlement amount will be fair to you and your family. Your attorney will strive to get the highest amount of compensation possible.

Filing a Lawsuit

The procedure for filing a lawsuit differs from state to state, but it generally begins with an attorney looking over the case's details and facts during a free legal case evaluation. The attorney will tell the client if they have a valid case.

If a claim is viable, the lawyer will send the doctor an email requesting financial compensation. The amount requested will be based on the severity of the injuries and the cost to treat. Most Erb's palsy attorneys will suggest settling outside of court to speed up the process and avoid a lengthy trial.

If the lawsuit is successful, the families will be awarded monetary compensation for the treatment of their child. By making healthcare professionals accountable for their errors and wrongful conduct, they will also ensure that future children don't suffer the same fate.

A lawsuit will include two teams of lawyers who argue on behalf of their clients. They will attempt to convince a jury or judge that the healthcare provider of their client acted properly and in a fair manner, while 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 depends on the amount of evidence presented and the amount of evidence presented. Most cases are settled out of court. A trial can 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

If a child is born with Erb's Palsy the parents face a lifetime of medical bills and other expenses. These costs can quickly add up and create financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents get fair compensation.

The reason for Erb's palsy is damage to the brachial-plexus nerves which originate from the spinal cord through the neck and into the arm. The nerves can be damaged in a variety of ways that include excessive pulling on the baby's shoulders and head during the birth. Erb's Palsy can be caused by the forceps used during delivery. During the process of delivery, the doctor may pull or extend the shoulder too much to free it from the birth canal. This could cause damage to the brachialplexus.

Shoulder dystocia occurs when baby's shoulders are entrapped behind the cervical cervix of the mother. In these instances the doctor might attempt to free the shoulder by pulling on the head or shoulders harder or by using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. A doctor should be able to recognize risk factors for shoulder dystocia, and take preventative measures. If a doctor fails to do this can be held responsible for claims related to Erb's 'Palsy.

To establish malpractice in a lawsuit, plaintiffs must prove that the defendant's deviance from accepted practice proximately caused the injury. Defense lawyers often claim that there were no underlying causes for the shoulder dystocia. This could be due to anomalies in the baby's position or intrauterine malformations.