Erb's Palsy Attorneys
Parents whose children develop Erb's Palsy often have concerns about whether medical negligence played a part in the child's condition. The injury may result due to excessive pulling on the brachial-plexus, a bundle of shoulder nerves.
An experienced lawyer can assist victims in receiving financial compensation. Settlements may pay for treatments, surgeries, and future medical treatments.
Compensation
It can be costly to care for and raise a child who has Erb's Palsy. A lawyer can help families receive the financial aid needed to cover these costs. This includes funds for medical expenses as well as occupational and physical therapy, adaptive devices, and
lawsuits emotional assistance.
A successful lawsuit can also bring medical professionals who were negligent to blame. This can prevent them from making similar mistakes in the future. The legal process can provide families with a sense of peace and closure after having have seen their child's lives changed by the birth injury.
Erb's Palsy may occur when the baby is injured due to the brachial plexus nerves as they are being delivered. These injuries result from excessive stretching or pulling of the baby's neck and shoulders during birth. It could be due to inexperienced use of tools during labor like a vacuum extractor or forceps or when doctors attempt to fix complications by pushing 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 childbirth. A lawyer can help make the process as smooth as 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 acceptable settlement.
Statute of Limitations
The law obliges families to bring a lawsuit within a specific time period after their child's injury. The time frame for filing a lawsuit can differ by state. Kansas, for instance, requires that a family make a claim within two years after the birth of a child who was injured. Some states have deadlines that are longer. It is imperative to talk with a reputable
Erb's palsy lawyer as quickly as you can, to ensure that your family is able to file their claim within the proper time frame.
Your legal team will submit a complaint to the parties accountable for your child's Erb's Palsy. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery phase, your lawyers will collect evidence to prove that there was medical malpractice and the injuries could have been prevented. They will go through your child's medical records and gather expert testimony to back your case.
Based on your particular situation the Erb's lawyer will either make a deal or take the case to trial. A settlement usually provides quicker access to compensation than a trial could. However, it's not guaranteed that your family will receive a fair settlement amount. Your lawyer will do everything to secure the maximum compensation.
Filing an action
The procedure for filing a lawsuit is different for each state, but it generally begins with an attorney reviewing the case's details and facts during a free legal case assessment. The lawyer will inform the client whether they have a valid case.
If the claim is valid, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount requested will be determined based on the severity of the injuries and what they will cost to treat. The majority of Erb's & Palsy lawyers recommend that you settle your case out of court in order to accelerate the process.
Lawsuits that are successful will provide families with the financial compensation they need to pay for the child's medical treatment. They also will help others avoid suffering the same fate as they did by making healthcare professionals accountable for their negligence.
A lawsuit will consist of two lawyers who argue on behalf of 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 that. If a settlement is not reached the case will go to trial. The length of the trial will be determined by the amount of evidence presented and the complexity of the case. However most 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 if the jury or judge doesn't agree with the plaintiff's argument.
Mediation
If a child is born with Erb's Palsy parents are faced with an entire lifetime of medical treatment and other expenses. The costs can quickly add up and place financial strain on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy lawyers.
Damage to the brachial nerves which run from the spine and neck into the arm is the root of Erb's Palsy. The nerves can be injured through a variety ways, for example, when you pull too hard on your baby's head and shoulders during delivery. Erb's palsy can also result from the use of forceps during birth. When delivering, a doctor might pull too hard or stretch the shoulder to remove it from the birth canal, causing damage to the brachial plexus.
Shoulder dystocia happens when a baby's shoulders get caught behind the cervical cervix that is her mother's. In these instances the doctor might attempt to get rid of the shoulder by pulling on the shoulders or head more or using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor can identify the risk factors for shoulder dystocia and take preventative steps. If a doctor fails to do this and fails to do so, they could be held responsible for an Erb's Palsy claim.
Plaintiffs must show that the defendant's aversion to accepted practice caused the injury in order to prove malpractice. Defendants often argue that there were other causes for the child's shoulder dystocia, such as problems with the baby's posture or intrauterine malformations.