Erb's Palsy Attorneys

Children who develop Erb's syndrome often have questions about whether medical negligence was the cause in the child's condition. This injury can be caused by excessive pulling on a ring of nerves that run through the shoulders known as the brachial nerve.

An experienced lawyer can help victims in obtaining financial compensation. Settlements can cover future medical treatments, therapy, and surgery.

Compensation

It can be costly to raise and care for the child with Erb's syndrome. A lawyer can help families receive the money they require to pay for these costs. This can include money to cover medical expenses, physical and occupational therapy, adaptive devices, emotional support, and many other costs.

A successful lawsuit may also be able to hold negligent medical professionals accountable. This can prevent them from making similar mistakes in the future. Legal action can give families a an understanding of justice and closure for the child's life has been turned upside down due to birth injuries.

Erb's Palsy may occur when the baby is injured by the brachial plexus nerves as they are being delivered. These injuries are typically caused due to excessive pulling or stretching of the baby's neck and shoulders during the birth. This could result from the improper use of tools like vacuum extractors or forceps during labor. It could also happen when doctors press on the baby's shoulders to resolve complications.

If a doctor doesn't adequately prepare for and manage complications during birth, it could result in an Erb's palsy lawsuit. An attorney can make the process as stress free as is possible for the family. They can gather medical records and witness statements to make an argument for the benefit of the family. They can also negotiate a fair settlement with the other party.

Statute of Limitations

The law requires families to bring a lawsuit within a set time after the child's injury. The statute of limitations can differ by state. Kansas is an example. It requires families to file a claim within two years of the birth of their injured child. Some states have extended deadlines. It is essential to consult a reputable Erb’s palsy lawyer as soon as you can to ensure that your family can file their claim within the proper time frame.

Your legal team will file a complaint against the parties accountable for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants, as well as the hospital where the incident occurred. During the discovery process, your lawyers will gather evidence to prove medical malpractice and that the injuries could have been prevented. They will comb through your child's medical records and gather expert witness testimony to prove your case.

Your Erb's Palsy lawyer will negotiate an agreement based on your situation or bring the case to the court. Settlements usually allow the compensation to be received more quickly than a court trial. It isn't certain that the settlement amount will be fair to your family. Your attorney will be diligent to secure the highest settlement amount that you can get.

Filing an action

The procedure for filing a lawsuit varies by state, but it typically starts with an attorney reviewing the details of the case and the facts during a no-cost legal case evaluation. The lawyer will inform the client if they have a valid case.

If a claim is viable, the lawyer will mail the doctor an email requesting financial compensation. The amount of compensation requested will depend on the degree of the injury and the expense to treat them. The majority of Erb's palsy lawyers will recommend settling the case outside of court to accelerate the process and avoid a lengthy trial.

The lawsuits that succeed will be able to award families the financial compensation they need to pay for the treatment of their child. They can also keep other children from suffering the same fate by requiring healthcare professionals to be held accountable for their negligence.

Two teams of lawyers will present arguments on behalf of their clients in an action. They will try to convince a jury or judge the healthcare provider for their client acted properly and in a fair manner, while the lawyers of the defendant will argue that. The case will be heard in the event that a settlement cannot be reached. The length of a trial depends on the amount of evidence provided and the level of complexity. Most cases are settled out of court. This is due to the fact that the trial process can add a significant amount of time to the legal process and could result in no compensation for the plaintiff if the jury or judge do not agree with the plaintiff's position.

Mediation

Parents of a child with Erb's Palsy will have to pay for medical care throughout their lives. These costs can quickly mount up and put a financial strain 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 through the neck to the arm is the cause of Erb's palsy. These nerves are susceptible to injury in various ways such as excessive pulling on the baby's head and shoulders during the birth. Erb's palsy can also be caused by use of forceps in delivery. During the delivery, the doctor may 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 in vaginal delivery (shoulder dystocia). In these instances, the doctor may try to remove the shoulder by pulling the shoulders or head more or using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. A doctor should be able to recognize the risk factors for shoulder dystocia, and take preventative steps. If a physician fails to take this action and fails to do so, they could be held liable for an Erb's palsy claim.

Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury to establish the malpractice. Defense lawyers often claim that shoulder dystocia is caused by a variety of unrelated factors, such as abnormalities of the baby's positioning or intrauterine malformations.