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Erb's Palsy Attorneys

Parents of children with Erb's Palsy often have concerns about whether medical negligence was the cause in the child's condition. The injury can result from excessive pulling on the brachial plexus, a swathe of shoulder nerves.

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

Compensation

It can cost a lot to care for and raise the child with Erb's syndrome. A lawyer can help families receive the compensation needed to cover these costs. This includes money for medical expenses including occupational and physical therapy, adaptive devices and emotional support.

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

If a baby sustains an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries are usually caused due to excessive pulling or stretching of the baby's shoulders and head during the birth. This can be caused by the improper use of tools during labor, such as the forceps or vacuum extractor or when doctors attempt to solve issues by pressing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a physician fails to properly prepare and handle complications that may arise during the birth of a child. An attorney can work to make the process as easy as possible for the family. They can gather hospital records, witness statements and more to create a strong case on the behalf of the family. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

Families are legally required to file a lawsuit in the time frame specified after their child has been injured. State-specific statutes of limitations can vary. Kansas for instance, requires that families make a claim within two years of the birth of a child who was injured. Certain states have longer deadlines. It is essential to consult a reputable Erb’s palsy lawyer as quickly as you can, to ensure that your family will be able to file their claim within a certain time period.

Your legal team will file a formal complaint against those who are responsible for your child's Erb palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorneys will collect evidence to show medical malpractice and also prove that the injuries were avoidable. They will search through your child's records and gather expert evidence to support your claim.

Depending on the situation, your Erb's palsy lawyer can make a deal or take the case to trial. A settlement usually allows for the compensation to be received more quickly than an appeal in court. However, it's not guaranteed that your family will receive a fair amount of settlement. Your lawyer will do everything possible to ensure you receive the highest compensation.

Filing a Lawsuit

The process of filing a lawsuit varies from state to state, but it generally begins with an attorney examining the case details and facts during a free legal case assessment. The attorney will tell the client whether they have a case that is valid.

If a claim is deemed to be viable the lawyer will send the doctor a demand letter asking for financial compensation. The amount requested will be based on the severity of the injury and Erb's Palsy Attorneys 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 a lengthy trial.

If the lawsuit is successful, families will receive financial compensation for the care of their child. By demanding that healthcare professionals be held accountable for their mistakes they can also prevent future children from suffering the exact same fate.

A lawsuit will comprise two lawyers arguing on behalf their clients. They will attempt to convince a jury or judge that their client's healthcare provider acted in a reasonable and ethical manner, whereas the lawyers of the defendant will argue for a different position. If a settlement cannot be reached the case will go to trial. The length of the trial will depend on the amount of evidence presented and the difficulty of the case. However, the majority of cases are settled outside of court. This is because trial proceedings can add significant amount of time to the legal process, and could result in no settlement if the jury or judge do not agree with the plaintiff's argument.

Mediation

Parents of a child with Erb's Palsy will be required to pay for medical bills throughout their lives. These expenses can quickly pile up and put financial pressure on families. Brooklyn Erb's Palsy lawyers can help parents obtain an equitable amount of compensation.

Damage to the brachial nerves, which run from the spine through the neck into the arm is the cause of Erb's Palsy. These nerves can be injured in different ways by excessive pulling on the baby's shoulders and head during the birth. Erb's syndrome can also arise from the use of forceps during the delivery. During the process of delivery, the doctor might pull or extend the shoulder too much to pull it out of the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders get stuck behind the mother's cervix during vaginal birth (shoulder dystocia). In these situations, the doctor may try to release the shoulder by pulling the shoulders or head or using forceps. This could cause Erb's palsy by stretching the brachial nerves. It is possible for a physician recognize risk factors that can lead to shoulder dystocia and take preventative measures. If a doctor is unable to do so and fails to do so, they could be held liable for an Erb's symptotic claim.

Plaintiffs must show that the defendant's deviation from the accepted procedure caused the injury to prove malpractice. Defense lawyers often claim that shoulder dystocia is caused by unrelated causes, such as the abnormality of the baby's position, or intrauterine malformations.