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Erb's Palsy Attorneys

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

An experienced lawyer can help victims receive financial compensation. A settlement may cover future medical treatment as well as therapy and surgery.

Compensation

It can be costly to raise and care for children with Erb's palsy. An attorney can help families get the money they need to cover these costs. This includes money for medical expenses such as occupational and physical therapy, adaptive devices, and emotional assistance.

A successful lawsuit could also be able to hold negligent medical professionals accountable. This will help them avoid making the same mistake again in the future. In the event of legal action, it can provide families with a sense of peace and closure after having have seen their child's lives turned upside down by the birth injury.

If a newborn suffers an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's neck and shoulders during the delivery. This could result from the improper use of tools such as vacuum extractors or forceps during labor. It could also happen when doctors push on the baby's shoulders in order to help with complications.

If a physician fails to properly prepare for and handle complications during the birth process, it can result in an Erb's Palsy lawsuit. An attorney can assist in making the process as stress free as is possible for the family. They can gather medical records and witness statements to construct an argument for the benefit of the family. They can also negotiate with the opposing party to reach an equitable settlement.

Statute of Limitations

The law requires families to submit a lawsuit within a specified time following the incident of their child. The statutes of limitations for each state may vary. Kansas is an example. It requires a family to file a case within two years of the birth of their child who has been injured. Some states have deadlines that are longer. It is important to speak with a reputable erb's palsy law firm palsy lawyer as soon as you can to make sure that your family can file their claim within the proper time period.

Your legal team will bring a lawsuit against those responsible for your child's Erb's Palsy. Your physician and other medical professionals could be named as defendants, as well as the hospital where the incident occurred. During the discovery phase, your attorneys will collect evidence to show that there an error in medical care and that the injuries could have been prevented. They will look through the child's medical records and gather expert witnesses to prove your claim.

Depending on your situation, your Erb's palsy lawyer can settle the case or take the case to trial. Settlements usually allow compensation to be paid out faster than a court trial. It is not certain that the settlement amount will be fair to you and your family. Your attorney will work diligently to get the highest amount of compensation possible.

Filing an action

The procedure for filing a lawsuit differs from state to state, but it generally begins with an attorney looking over the case details and facts in a free legal case assessment. They will then inform the client if they have an issue.

If a claim can be made the lawyer will then send the doctor an order letter requesting financial compensation. The amount sought will be based on the extent of the injuries and the cost to treat. The majority of Erb's palsy lawyers will recommend settling out 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. They can also keep other children from suffering the same fate as they did by holding healthcare professionals responsible for their negligence.

A lawsuit will consist of two lawyers representing their clients. They will try to convince a jury or judge that their client's healthcare provider acted in a reasonable and ethical manner, whereas the lawyers representing the defendant will argue for a different position. The case will be heard when a settlement isn't reached. The length of a trial depends on the amount of evidence offered and the level of complexity. Most cases are settled outside of court. A trial may 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 arguments.

Mediation

Parents of a child with Erb's Palsy will have to pay for medical care throughout their life. These expenses can quickly mount up and put financial pressure on the family. Brooklyn Erb's Palsy lawyers can assist parents get an equitable amount of compensation.

The root cause of Erb's syndrome is a problem with the brachial-plexus nerves which originate from the spinal cord down the neck and into the arm. These nerves are susceptible to injury in many ways, including through excessive pulling on the baby's shoulders and head during delivery. Erb's palsy can be caused by the use of forceps during the delivery. During the process of delivery, the doctor may pull or extend the shoulder too much to remove it from the birth canal. This can cause damage to the brachialplexus.

Some babies' shoulders become stuck behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these cases the doctor might attempt to free the baby's shoulder by pulling more forcefully on the shoulders and head or by using forceps. This can overstretch the brachial plexus nerves and cause Erb's palsy. A doctor should be able to recognize the risk factors that can cause shoulder dystocia, and take preventative measures. If a doctor is unable to take this action and is found to be negligent, 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 in order to prove malpractice. The defendants will often argue that shoulder dystocia is caused by non-related causes, such as the abnormality of the baby's position or intrauterine malformations.