Erb's Palsy Attorneys
Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence played a part in the development of their child's condition. The injury can result by excessive pulling on brachial-plexus which is a group of shoulder nerves.
An experienced attorney can help victims receive financial compensation. Settlements may provide future medical care or therapy as well as surgery.
Compensation
It can cost a lot to care for and raise a child with
Erb's palsy. A lawyer can assist families receive the money they require to pay for the costs. This includes money to cover medical expenses, physical and occupational therapy as well as adaptive devices, emotional support and other expenses.
A successful lawsuit could make medical professionals accountable for their negligence. This can stop them from repeating similar mistakes in the future. In the event of legal action, it can give families a sense justice and closure after they have seen their child's lives turned upside-down by an injury to their birth.
When a baby suffers an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries result from excessive stretching or pulling of the baby's shoulders and head during labor. 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 doesn't adequately prepare for and manage complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can help make the process as stress-free as is possible for the family. They can collect medical records and witness statements to build a strong argument on behalf of the family. They can also negotiate with the other side to negotiate an acceptable settlement.
Statute of Limitations
The law obliges families to file a lawsuit within a set time after the injury of their child. State-specific statutes of limitations can vary. Kansas, for instance, requires that a family make a claim within two years after the birth of a child who was injured. Certain states have longer deadlines and it is imperative to consult with a reputable Erb's palsy attorney as soon as you can to ensure your family can file a claim within the appropriate window.
Your legal team will bring a lawsuit against the parties responsible for your child's Erb's palsy. Your doctor and other medical professionals could be named as defendants along with the hospital where the incident occurred. During the discovery process, your attorneys will collect evidence to prove medical malpractice and also prove that the injuries were prevented. They will look through the records of your child and collect expert witnesses to prove your claim.
Based on your particular situation, your Erb's palsy lawyer will either negotiate a settlement or take the case to trial. A settlement typically allows the payment to be made faster than a court trial. However, it is not certain that your family will get a fair settlement amount. Your attorney will do everything possible to ensure you receive the highest amount of compensation.
Filing an action
The procedure for filing a lawsuit varies from state to state, but it typically begins with an attorney examining the case details and facts in a free legal case evaluation. The attorney will tell the client whether they have a case that is valid.
If a claim can be made the lawyer will then send the doctor an email requesting financial compensation. The amount of compensation demanded will be determined by the degree of the injury and the cost of treating them. Most Erb's palsy attorneys will suggest settling out of court to accelerate the process and avoid lengthy trials.
Lawsuits that are successful will provide families with the financial compensation they need to pay for their child's treatment. They will also help to prevent other children from suffering the same fate as they did by the healthcare professionals held accountable for their negligence.
A lawsuit will include two teams of lawyers who argue on behalf of their clients. They will try to convince a jury or judge the healthcare provider who treated their client sensibly and with a sense of fairness, while the lawyers representing the defendant will argue against. If a settlement is not reached, the case will go to trial. The length of the trial depends on the amount of evidence presented and the complexity. The majority of cases are settled outside of court. This is because a trial can add a significant amount of time to the legal process and could result in no compensation if a jury or judge does not 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 expenses. These expenses are likely to increase quickly and place a financial burden on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy attorneys.
The cause of Erb's palsy is a problem with the brachial nerves which run through the spinal cord into the neck before reaching the arm. These nerves can become injured in many ways, including by pulling too hard on the baby's head and shoulders during the birth. Erb's syndrome can also arise from the use of forceps during birth. During a birth the doctor may pull too hard or stretch the shoulder in order to free it from the birth canal and cause damage to the brachial plexus.
Some babies' shoulders become trapped behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these cases the doctor may try to dislodge the infant's shoulder by pulling harder on the head and shoulders or by using forceps. This could cause overstretching of the brachial plexus nerves, which can cause
erb's palsy lawsuits palsy. It is possible for a doctor to detect risk factors that could cause shoulder dystocia, and take preventative measures. When a doctor fails to do this and is found to be negligent, they could be held liable for an Erb's palsy claim.
To prove malpractice in a lawsuit, plaintiffs must prove that the defendant's deviation from the accepted practice directly caused the injury. Defense lawyers often claim that shoulder dystocia is caused by unrelated causes, such as the abnormality of the baby's position or intrauterine malformations.