Erb's Palsy Attorneys
Children with Erb's Palsy are often concerned about whether medical negligence was responsible for the condition of their child. This injury can be caused from excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves.
An experienced lawyer can help victims to receive financial compensation. A settlement may cover the cost of surgery, therapy, or future medical treatment.
Compensation
It can be expensive to care for and raise the child who has Erb's Palsy. An attorney can assist families receive the money they need to cover these expenses. This includes money for medical expenses, physical and occupation therapy adaptation devices, emotional support and other expenses.
A successful lawsuit could also hold negligent medical professionals responsible. This will help them avoid making the same mistake again in the future. Legal action can provide families with the sense of justice and closure for their child's entire life has been turned upside down by birth injuries.
Erb's palsy can develop when the baby is injured by the brachial-plexus nerves during being delivered. These injuries are usually caused by excessive pulling or stretching of the baby's shoulders and head during delivery. This can be caused by improper use of tools, such as vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders to treat any complications.
Erb's Palsy lawsuits can be filed when a physician is unable to properly prepare and manage complications that may occur during childbirth. An attorney can assist in making the process as painless as is possible for the family. They can gather hospital records, witness statements and much more to make an argument that is strong on the behalf of the family. They can also negotiate an equitable settlement with the other party.
Statute of Limitations
The law requires families to bring a lawsuit within a specified time after their child's injury. The statutes of limitations for each state may vary. Kansas for instance, requires a family to file a claim within two years from the birth of their injured child. Some states have longer deadlines and it is crucial to speak with an experienced Erb's palsy attorney as soon as you can to ensure your family can file an claim within the proper window.
Your legal team will make a complaint against the parties accountable for your child's Erb's syndrome. Your doctor and other medical professionals could be named as defendants, along with 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 avoided. They will search through the records of your child and collect expert testimony to support your claim.
Your
Erb's Palsy attorney will negotiate settlements based on your specific situation or bring the case to court. A settlement typically gives faster access to compensation than a trial could. However, it is not guaranteed that your family will get a fair settlement. Your attorney will strive to secure the highest amount of compensation possible.
Filing an action
The procedure to file a lawsuit varies by state, but generally, a lawyer will review the case details and the facts as part of an initial legal evaluation. They will then inform the client whether or not they have a case.
If a claim can be made, the lawyer will mail the doctor an email requesting financial compensation. The amount requested will be determined based on the severity of the injury and what they will cost to treat. Most
Erb's palsy attorneys will recommend settling out of court to speed up the process and avoid lengthy trials.
Lawsuits that are successful will award families with financial compensation to pay for the treatment of their child. They will also others avoid suffering the same fate, by making healthcare professionals accountable for their negligence.
A lawsuit will involve two teams of lawyers arguing on behalf their clients. They will attempt to convince jurors or judges that their client's healthcare professional behaved in a fair and appropriate manner while the defense lawyers will argue that they did not. The case will be tried should a settlement not be reached. The length of the trial will depend on the amount of evidence that is presented and the difficulty of the case. However, the majority of cases are settled outside of court. A trial may take a long time and may not result in a settlement for the plaintiff in the event that the judge or jury do not agree with their arguments.
Mediation
If a child is born with Erb's Palsy parents are confronted with an entire lifetime of medical treatment and other expenses. These expenses can quickly mount in the future and put financial pressure on a family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers.
The root of Erb's Palsy is damage to the brachial plexus nerves, which run from the spinal cord down the neck and then into the arm. The nerves can be damaged in a variety of ways by excessive pulling on the baby's head and shoulders during the birth. Erb's syndrome can also arise from the forceps used during delivery. When delivering the doctor may pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.
Some babies' shoulders get stuck behind the mother's cervical region during vaginal birth (shoulder dystocia). In these instances the doctor might attempt to remove the shoulder by pulling on the shoulders or head harder or using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. A doctor can identify risk factors for shoulder dystocia, and take preventative measures. If a doctor
erb's Palsy attorney does not do this can be held responsible for claims relating to Erb's Palsy.
Plaintiffs must show that the defendant's deviation from accepted practice caused the injury in order to establish the malpractice. Defendants often claim that there were unrelated causes for the shoulder dystocia, including issues with the baby's posture or intrauterine malformations.