Erb's Palsy Attorneys
Parents of children with Erb's Palsy are often concerned about whether medical negligence caused their child's condition. This injury can be caused by excessive pulling on a bundle of nerves in the shoulders known as the brachial nerve.
An experienced lawyer can help victims in receiving financial compensation. A settlement may cover future medical expenses, therapy, or surgery.
Compensation
It can be costly to care for and raise a child who has Erb's Palsy. A lawyer can assist families receive the compensation they need to cover these expenses. This includes funds for medical expenses, physical and occupational therapy, adaptive devices, and emotional assistance.
A successful lawsuit could be able to hold negligent medical professionals accountable. This will prevent them from repeating similar mistakes in the future. Legal actions can give families a a sense justice and closure after their child's whole life has been turned upside down due to an injury at birth.
If a baby sustains an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during the delivery. This can be caused by the improper use of labor tools, such as the forceps or vacuum extractor, or it may occur when doctors try to resolve issues by pressing on the baby's shoulder.
If a physician fails to properly prepare for and handle complications during birth, it could result in an Erb's Palsy lawsuit. An attorney can work to make the process as easy as is possible for the family. They can collect medical records and witness statements to construct a strong argument on behalf of the family. They can also negotiate a fair settlement with the other party.
Statute of limitations
The law requires families to submit a lawsuit within a certain time frame after the child's injury. The statutes of limitations for each state may vary. Kansas is one example. It requires that families file a claim within two years of the birth of a child who was injured. Some states have deadlines that are longer and it is essential to speak with an experienced erb's palsy attorney (
Read the Full Write-up) as soon as possible to ensure that your family is able to file an appropriate claim within the timeframe.
Your legal team will submit a complaint to the parties accountable for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants as well as the hospital where the incident occurred. During the discovery phase, your attorney will collect evidence to prove that there was medical negligence and that the injuries could have been prevented. They will go through your child's records and gather expert evidence to support your claim.
Your
erb's palsy law firms Palsy attorney will negotiate the settlement of your circumstances or take the case to the court. A settlement typically provides faster access to compensation than a trial could. It is not guaranteed that the amount of settlement will be fair to your family. Your attorney will strive to reach the maximum amount of compensation that is possible.
Filing an action
The process of filing a lawsuit differs from state to state, but it typically starts with an attorney reviewing the case's details and specifics during a free legal evaluation. They will then advise the client whether or not they have a case.
If the claim is valid, the lawyer will mail the doctor an order letter requesting financial compensation. The amount requested will be based on the severity of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to accelerate the process and avoid lengthy trials.
Lawsuits that are successful will award families with an amount of money to cover the treatment of their child. By holding healthcare professionals accountable for their errors they can also prevent future children from suffering the same fate.
Two teams of lawyers will present arguments on behalf of their clients in an action. They will attempt to convince a judge or jury the healthcare provider for their client acted sensibly and with a sense of fairness, while the lawyers representing the defendant will argue that. The case will go to trial if a settlement is not reached. The duration of a trial will be determined by how much evidence is provided and the complexity of the case. Most cases are settled outside of court. This is because trials can add a significant amount of time to the legal process. It could also result in no compensation if a judge or jury does not agree with the plaintiff's argument.
Mediation
Parents of a child with Erb’s Palsy will have to pay for medical bills throughout their lives. These 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 attorneys.
The cause of Erb's palsy is damage to the brachial-plexus nerves which extend from the spinal cord through the neck and then into the arm. These nerves can be injured in many ways such as excessive pulling on the baby's shoulders and head during the birth. Erb's palsy may also result from the use of forceps during delivery. During the process of delivery, the doctor may pull or stretch the shoulder too hard to pull it out of the birth canal. This could cause damage to the brachialplexus.
Some infants' shoulders become lodged behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these instances the doctor may attempt to free the shoulder by pulling on the shoulders or head or by using forceps. This can overstretch the brachial plexus nerves, which can cause Erb's palsy. A doctor is able to identify risk factors for shoulder dystocia and take preventative steps. If a doctor does not do this may be held responsible for Erb's Palsy claims.
To establish malpractice in a lawsuit, plaintiffs must show that the defendant's departure from accepted practices proximately led to the injury. Defendants often argue that there were other causes of the child's shoulder dystocia. This could be due to problems with the baby's posture or intrauterine malformations.