Erb's Palsy Attorneys
Parents whose children develop Erb's syndrome often have questions about whether medical negligence was a factor in the condition of their child. The injury can result due to excessive pulling on the brachial plexus, a swathe of shoulder nerves.
An experienced attorney can assist victims receive financial compensation. A settlement may cover treatment, surgery, or future medical treatments.
Compensation
It can be expensive to raise and care a child with Erb's Palsy. A lawyer can assist families get the financial aid they need to cover these expenses. This includes money for medical expenses such as occupational and physical therapy, adaptive devices, and emotional support.
A successful lawsuit could also be a way to hold negligent medical professionals accountable. This can stop them from repeating the same mistakes again in the future. The legal process can provide families with a sense of satisfaction and closure after they had their child's world turned upside-down by a birth injury.
Erb's spalsy can happen when the baby is injured due to the brachial-plexus nerves while being delivered. These injuries are caused by excessive stretching or pulling of the baby's shoulders and head during the delivery. This could be due to improper use of labor tools, such as forceps or a vacuum extractor, or it may occur when doctors attempt to fix issues by pressing on the baby's shoulder.
Erb's Palsy lawsuits can be filed if a doctor fails to properly prepare and manage any complications that might arise during the birth of a child. A lawyer can make the process as easy as possible for the family. They can collect hospital records, witness testimony, and more, to build a strong case on the behalf of the family. They can also negotiate with the opposing side to negotiate a fair settlement.
Statute of Limitations
The law obliges families to bring a lawsuit within a specific time period after the injury of their child. The statutes of limitations for each state may differ. Kansas, for example, requires a family to file a case within two years after the birth of their injured child. Some states have longer deadlines, and it is important to consult with a reputable Erb's Palsy attorney as soon as you can to ensure that your family is able to file a claim within the appropriate timeframe.
Your legal team will bring a lawsuit against the parties responsible for your child's Erb's palsy. Your physician and other medical professionals could be named as defendants along with the hospital where the injury took place. During the discovery phase, your attorneys will collect evidence to prove that there was medical malpractice and the injuries could have been avoided. They will go through your child's records and gather expert evidence to support your claim.
Depending on your situation your Erb's palsy lawyer can settle the case or take the case to trial. Settlements typically allow the payment to be made faster than a court trial. However, it's not guaranteed that your family will get a fair settlement. Your attorney will do everything to ensure that you receive the maximum compensation.
Filing an action
The procedure for filing a lawsuit is different for each state, but it typically starts with an attorney reviewing the case details and facts during a no-cost legal case assessment. They will then advise the client if they have a case.
If the lawyer is convinced that the claim is meritorious, he will send a letter to the doctor asking for compensation. The amount of compensation sought will be determined by the extent of the injuries and the expense to treat them. 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 monetary compensation for the treatment of their child. They will also help prevent other children from being affected by the same fate by the healthcare professionals held accountable for their negligence.
Two teams of lawyers will present arguments on behalf of the clients in a lawsuit. They will attempt to convince a judge or jury their client's healthcare provider acted properly and in a fair manner, while the lawyers of the defendant will argue otherwise. The case will be argued in the event that a settlement cannot be reached. The duration of a trial is contingent on the amount of evidence provided and the complexity. However the majority of cases end up being settled out of court. This is due to the fact that trials can add a significant amount of time to the legal process, and could result in no settlement if the jury or judge doesn't agree with the plaintiff's position.
Mediation
Parents of a child who was born with Erb's Palsy will have to pay for medical care throughout their life. These costs are likely to increase quickly and cause financial stress on the family. Parents are able to seek fair compensation by working with Brooklyn
Erb's Palsy lawyers.
The cause of Erb's palsy is the result of damage to the brachial nerves which run from the spinal cord to the neck and into the arm. These nerves are susceptible to injury in different ways by excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can also arise from the forceps used during delivery. During delivery, a doctor may pull or stretch the shoulder too much to free it from the birth canal. This can cause damage to the brachialplexus.
Some infants' shoulders become stuck behind the mother's cervix in vaginal delivery (shoulder dystocia). In these instances the doctor might attempt to free the infant's shoulders by pulling harder on the head and shoulders or by using forceps. This can strain the brachial plexus nerves and cause Erb's palsy. It is possible for a physician to identify risk factors that could cause shoulder dystocia and
Erb's Palsy attorneys take preventative measures. A doctor who fails to do this can be held responsible for claims related to Erb's 'Palsy.
Plaintiffs must prove that the defendant's aversion to the accepted method caused the injury to establish the malpractice. The defendants will often argue that shoulder dystocia is caused by non-related causes, such as the abnormality of the baby's posture or intrauterine malformations.