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Erb's Palsy Attorneys

Children with Erb's palsy are often worried about whether medical malpractice was the cause of their child's condition. The injury could result from excessive pulling on a ring of nerves in the shoulders known as the brachial plexus.

An experienced attorney can help victims receive financial compensation. Settlements can cover the cost of surgery, therapy, or future medical treatments.

Compensation

It can be expensive to care for and raise a child who has Erb's Palsy. A lawyer can assist families receive the money they require to pay for these expenses. This includes money for medical expenses as well as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit may also make medical professionals accountable for their mistakes. This can help them avoid making similar mistakes in the future. Legal action can give families a sense of closure and justice after they have seen their child's life turned upside down due to a birth injury.

If a baby sustains an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries are typically caused by excessive stretching or pulling of the baby's neck and shoulders during the birth. This could 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 in order to solve any issues.

When a doctor does not properly prepare and manage complications during the birth process, it can result in an Erb's-Plastic lawsuit. An attorney can help make the process as stress free as possible for the family. They can collect hospital documents, witness statements, and more to build a strong case on the family's behalf. They can also negotiate an equitable settlement with the other party.

Statute of limitations

Families are legally required to file a lawsuit in a specific time frame after their child has been injured. The statutes of limitations for each state may vary. Kansas is an example. It requires a family to file a case within two years after the birth of their child who has been injured. Some states have deadlines that are longer, and it is important to consult with an experienced Erb's palsy attorney as soon as you can to ensure that your family can file a claim within the appropriate window.

Your legal team will file an official complaint against the parties who are accountable for your child's Erb palsy. Your doctor and other medical professionals could be named as defendants together with the hospital in which the injury took place. During the discovery process, your attorneys will gather evidence to show medical malpractice and to prove that the injuries were preventable. They will review your child's records and gather expert witnesses to prove your claim.

Your Palsy attorney will negotiate settlements based on your specific situation or bring the case to court. A settlement usually allows for the payment to be made faster than the time required for a court trial. However, it's not guaranteed that your family will receive a fair settlement amount. Your lawyer will do all he can to get you the maximum compensation.

Filing a Lawsuit

The process for filing a lawsuit differs by state, but generally, attorneys examine the case's details and the facts as part of an assessment of legal rights for free. They will then advise the client if they have a case.

If a claim can be made, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount requested will be based on the extent of the injuries and what they will cost to treat. Most will recommend settling out of court to accelerate the process and avoid lengthy trials.

Lawsuits that are successful will give families cash compensation to pay for the treatment of their child. They will also prevent other children from being affected by the same fate by holding healthcare professionals responsible for their negligence.

Two teams of lawyers will present arguments on behalf of their clients in a lawsuit. They will attempt to persuade the jury or judge that their client's healthcare provider behaved in a fair and appropriate manner, whereas the lawyer representing the defendant will argue that they did not. The case will go to trial if a settlement is not reached. The duration of a trial will be determined by the amount of evidence that is presented and the complexity of the case. However the majority of cases are settled out of court. A trial could take a long time and result in no compensation for the plaintiff in the event that the judge or jury are not in agreement with their arguments.

Mediation

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

The root cause of Erb's syndrome is the damage to the brachial nerves that run from the spinal cord to the neck before reaching the arm. These nerves are susceptible to injury in various ways by excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can also be caused by the use of forceps during the delivery. During the delivery, the doctor might pull or stretch the shoulder too hard to remove it from the birth canal. This could cause damage to the brachialplexus.

Some babies' shoulders get stuck behind the mother's cervical region in vaginal delivery (shoulder dystocia). In these situations the doctor may attempt to release the shoulder by pulling on the shoulders or head or using forceps. This can strain the brachial plexus nerves. This can cause Erb's palsy. It is possible for a doctor to recognize risk factors that can lead to shoulder dystocia and take preventative measures. If a doctor fails to do this may be held responsible for claims relating to Palsy.

Plaintiffs must prove that the defendant's deviation from accepted practice caused the injury in order to establish the malpractice. Defendants will often claim that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's posture or intrauterine malformations.