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Erb's Palsy Attorneys

Children with Erb's Palsy often worry about whether medical malpractice caused their child's condition. The injury can result from excessive pulling on a bundle of nerves located in the shoulders known as the brachial nerve.

An experienced attorney can help victims receive financial compensation. Settlements may pay for treatment, surgery, or future medical treatment.

Compensation

It can be costly to raise and take care of a child with Erb's Palsy. A lawyer can assist families receive the compensation they need to cover these costs. This includes money to pay for medical costs, physical and occupational therapy adaptation devices, emotional support and many other costs.

A successful lawsuit could also bring medical professionals who were negligent to blame. This can stop them from repeating the same mistakes again in the future. Legal actions can give families a satisfaction and closure for the child's life has been turned upside down due to an injury to their birth.

If a newborn suffers an injury to the brachial plexus nerves in birth, it could cause erb's palsy lawyers palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during birth. It could be due to the improper use of tools during labor like the vacuum extractor or forceps or when doctors try to resolve issues by pushing on the baby's shoulder.

If a doctor doesn't properly prepare for and handle complications during the birth, it may cause an Erb's palsy lawsuit. A lawyer can make the process as easy as possible for the family. They can gather hospital records, witness testimony, and more to build a solid case on the behalf of the family. They can also negotiate with the other side to negotiate an acceptable settlement.

Statute of Limitations

The law obliges families to make a claim within a specific time period after the child's injury. The statutes of limitations for each state may differ. Kansas for instance, requires that families make a claim within two years from the birth of a child who was injured. Some states have deadlines that are longer. It is important to speak with a reputable Erb's palsy lawyer as quickly as possible in order to ensure that your family is able to file their claim within a certain time frame.

Your legal team will file an official complaint against the parties who are responsible for your child's Erb palsy. Your obstetrician and other medical professionals could be named as defendants together with the hospital in which the injury occurred. During the discovery phase, your attorney will gather evidence to prove that there an error in medical care and that the injuries could have been prevented. They will go through the medical records of your child and gather expert witness testimony to prove your case.

Based on the circumstances your Erb's palsy lawyer may settle the case or take the case to trial. A settlement usually allows for compensation to be paid out faster than the time required for a court trial. It isn't guaranteed that the settlement amount will be fair to you and your family. Your lawyer will do everything to ensure that you receive the maximum compensation.

Filing a Lawsuit

The process for filing a lawsuit differs by state, but generally, attorneys analyze the case's specifics and facts as part a free legal evaluation. The attorney will inform the client if they have a case that is valid.

If the lawyer believes that a claim has merit then he will send a letter to the doctor requesting compensation. The amount requested will be determined by the extent of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will recommend settling out of court to speed up the process and avoid a lengthy trial.

If the lawsuit is successful, families will be awarded financial compensation for the treatment of their child. They will also help keep other children from suffering the same fate by making healthcare professionals accountable for their negligence.

A lawsuit will include two teams of lawyers who argue on behalf of their clients. They will attempt to persuade the jury or judge that their client's healthcare professional did the right thing and in a reasonable manner while the defense lawyers will argue that they did not. The case will go to trial should a settlement not be reached. The length of the trial will depend on the amount of evidence presented and the complexity. Most cases are settled outside of court. A trial could take a long time and result in no compensation for the plaintiff in the event that the jury or the judge do not agree with their argument.

Mediation

If a child is born with Erb's Palsy, their parents face an entire lifetime of medical treatment and other costs. These costs can quickly add over time and put financial stress on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The brachial nerves that extend from the spine and neck to the arm is the cause of Erb's Palsy. The nerves can be injured in a variety of ways, including when you pull too hard on your baby's head and shoulders during the birth. Erb's Palsy can also result from the use of forceps during the delivery. When delivering, a doctor might pull too hard or extend the shoulder to release it from the birth canal and cause damage to the brachial plexus.

Some infants' shoulders become lodged behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these situations the doctor might attempt to get rid of the shoulder by pulling the shoulders or head harder or using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor can recognize the risk factors for shoulder dystocia, and take preventative steps. If a physician fails to do this and fails to do so, they could be held liable for an Erb's symptotic claim.

To prove malpractice in a lawsuit, plaintiffs must show that the defendant's deviance from the accepted practice directly caused the injury. Defendants will often claim that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's position or intrauterine malformations.