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Erb's Palsy Attorneys

Parents whose children develop Erb's palsy often have questions about whether medical negligence played a part in the condition of their child. This injury can be caused due to excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves.

An experienced attorney can help victims receive financial compensation. A settlement could cover future medical treatment, therapy, and surgery.

Compensation

It can be expensive to raise and care for a child with Erb's palsy. A lawyer can help families get the financial aid they need to cover these costs. This includes money for medical expenses, physical and occupation therapy and adaptive devices, emotional support and other expenses.

A successful lawsuit could also be able to hold negligent medical professionals accountable. This can help them avoid making the same mistake in the future. The legal process can give families a sense peace and closure after having had their child's world turned upside down by the birth injury.

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

If a doctor fails to properly prepare for and handle complications during birth, it can result in an Erb's palsy lawsuit. An attorney can help make the process as easy as is possible for the family. They can collect hospital documents, witness statements, and much more to make a strong case on the family's behalf. They can also negotiate with the opposing side to reach a fair settlement.

Statute of limitations

Families are required by law to file a lawsuit in a certain time frame after their child was injured. The statutes of limitations for each state may vary. Kansas, for instance, requires that a family file a claim within two years after the birth of a child who was injured. Certain states have longer deadlines, and it is important to talk with a reputable Erb's palsy attorney as soon as you can in order to ensure your family can file an appropriate claim within the timeframe.

Your legal team will file a complaint against the parties responsible for your child's Erb's palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to prove that there was medical negligence and that the injuries could have been prevented. They will go through the medical records of your child and gather expert evidence to back your claim.

Depending on the situation, your Erb's palsy lawyer may settle the case or take the case to trial. Settlements usually allow the compensation to be received more quickly than the time required for a court trial. However, it is not certain that your family will receive a fair settlement amount. Your attorney will do everything possible to ensure that you receive the maximum amount of compensation.

Filing a Lawsuit

The process of filing a lawsuit is different for each state, but it typically starts with an attorney reviewing the details of the case and the facts during a free legal case assessment. They will then advise the client whether or not they have an issue.

If a claim is deemed to be viable, the lawyer will mail the doctor an email requesting financial compensation. The amount sought will be based on the extent of the injuries and the cost to treat. Most Erb's palsy attorneys will suggest settling out of court to expedite the process and avoid a lengthy trial.

If the lawsuit is successful, families will be awarded monetary compensation for the care of their child. By holding healthcare professionals accountable for their errors, they will also help keep future children from suffering the same fate.

A lawsuit will involve two teams of lawyers representing their clients. They will attempt to convince a jury or judge that the healthcare provider who treated their client properly and in a fair manner, while 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 the trial depends on the amount of evidence provided and the amount of evidence presented. However the majority of cases are settled outside of court. This is because 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 doesn't agree with the plaintiff's position.

Mediation

When a child is born with Erb's Palsy the 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 working with Brooklyn Erb's Palsy lawyers.

The cause of Erb's palsy is the damage to the brachial plexus nerves which run from the spinal cord through the neck and then into the arm. These nerves can be injured in various ways such as excessive pulling on the baby's head and shoulders during the birth. Erb's syndrome can also be caused by use of forceps in delivery. During delivery, a doctor might pull or stretch the shoulder too far to take it out of the birth canal. This could cause damage to the brachialplexus.

Some babies' shoulders are lodged behind the mother's cervix during vaginal birth (shoulder dystocia). In these instances the doctor may attempt to free the infant's shoulders by pulling more forcefully on the shoulders and head or by using forceps. This can cause strain on the brachial plexus nerves. This can cause Erb's palsy. It is possible for a physician to recognize risk factors that may lead to shoulder dystocia and take preventative measures. If a physician fails to do this, they can be held accountable for an Erb's palsy claim.

Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury in order to establish the malpractice. The defendants will often argue that shoulder dystocia is caused by a variety of unrelated causes, such as the abnormality of the baby's position or intrauterine malformations.