Erb's Palsy AttorneysParents of children with Erb's palsy often have questions about whether medical negligence played a part in the development of their child's condition. This injury could result due to excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves.
An experienced lawyer can assist victims in obtaining financial compensation. Settlements may provide future medical expenses as well as therapy and surgery.
Compensation
It can be costly to care for and raise the child who has Erb's Palsy. An attorney can help families get the money they need to pay for these expenses. This can include money to cover medical expenses, physical and occupational therapy adaptation devices, emotional support, and other expenses.
A successful lawsuit can also make medical professionals accountable for their mistakes. This can prevent them from making the same mistake in the future. Legal action can give families a the sense of justice and closure after the child's life has been altered by birth injuries.
If a baby is afflicted with an injury to the brachial plexus nerves in the birth process, it may cause Erb's palsy. These injuries are usually caused by excessive pulling or stretching of the baby's head and shoulders during labor. This can be caused by improper use of tools, such as vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders to help with complications.
If a doctor doesn't properly prepare for and handle complications during birth, it can result in an Erb's Palsy lawsuit. An attorney can make the process as painless as possible for the family. They can gather hospital records and witness statements to build a strong argument on behalf of the family. They can also negotiate with the opposing side to reach an acceptable settlement.
Statute of Limitations
Families are legally required to file a lawsuit within a specific time frame after their child was injured. The time limit for filing a lawsuit may differ from state to state. Kansas for instance, requires a family to file a claim within two years of the birth of their child who has been injured. 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 can file an appropriate claim within the window.
Your legal team will file a complaint against the parties responsible for your child's Erb's Palsy. The defendants could include your obstetrician, any other medical professionals, and the hospital where the injury occurred. During the discovery process, your lawyers will collect evidence to show medical malpractice and to prove that the injuries were prevented. They will search through the records of your child and collect expert evidence to back your claim.
The Erb's Palsy lawyer you choose to work with will negotiate an agreement based on your specific situation or bring the case to court. Settlements usually allow the payment to be made faster than the time required for a court trial. However, it is not certain that your family will receive a fair amount of settlement. Your attorney will strive to secure the highest compensation award possible.
Filing a Lawsuit
The procedure for filing a lawsuit is different according to the state, however generally, an attorney will look over the case's details and the facts as part of an initial legal evaluation. They will then inform the client whether or not they have an issue.
If a claim is deemed to be viable the lawyer will send the doctor an demand letter in order to request financial compensation. The amount requested will be determined by the extent of the injuries and the cost to treat. Most
Erb's palsy attorneys will suggest settling out of court to accelerate the process and avoid a lengthy trial.
If the lawsuit is successful, the families will receive financial compensation for the treatment of their child. They will also others avoid suffering the same fate, by requiring healthcare professionals to be held accountable for their negligence.
A lawsuit will involve two teams of lawyers who argue on behalf of their clients. They will try to convince a jury or judge their client's healthcare provider acted in a reasonable and ethical manner, whereas the lawyers representing the defendant will argue that. The case will be argued should a settlement not be reached. The length of the trial depends on the amount of evidence presented and the degree of complexity. The majority of cases are settled out 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 for the plaintiff if the jury or judge doesn't agree with the plaintiff's argument.
Mediation
Parents of a child who was born with Erb’s Palsy will be required to pay for medical treatment throughout their life. These costs are likely to increase quickly and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can help parents obtain fair compensation.
The root cause of Erb's syndrome is the damage to the brachial-plexus nerves which run through the spinal cord into the neck and then into the arm. The nerves can be damaged in many ways by excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can also arise from the use of forceps during delivery. During the delivery, the doctor may pull or stretch the shoulder too much to remove it from the birth canal. This can cause damage to the brachialplexus.
Some babies' shoulders are lodged behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these cases the doctor might try to remove the shoulder by pulling the head or shoulders harder or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. 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 so they may be held liable for an Erb's-related palsy claim.
Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury to prove malpractice. Defendants will often claim that shoulder dystocia is caused by unrelated factors, such as a change of the baby's positioning or intrauterine malformations.