Erb's Palsy AttorneysParents of children who suffer from Erb's Palsy often worry about whether medical negligence was the cause of the condition of their child. The injury can result by excessive pulling on brachial plexus, a swathe of shoulder nerves.
An experienced attorney can assist victims in obtaining financial compensation. Settlements may pay for treatment, surgery, or future medical treatments.
Compensation
It can be costly to care for and raise the child with Erb's syndrome. An attorney can help families receive the financial aid needed to cover these costs. This includes money to pay for medical expenses, physical and occupation therapy, adaptive devices, emotional support and many other costs.
A successful lawsuit may also bring medical professionals who were negligent to blame. This can prevent them from making similar mistakes in the future. Legal action can give families a the sense of justice and closure after their child's life has been changed by a birth injury.
If a baby is afflicted with an injury to the brachial plexus nerves during delivery, it can cause Erb's palsy. These injuries are usually caused by excessive stretching or pulling of the baby's neck and shoulders during the birth. This could result from the improper use of tools, such as vacuum extractors or forceps during labor. It could also happen when doctors push on the baby's shoulders in order to help with complications.
If a physician fails to properly prepare for and handle complications during birth, it could cause an Erb's palsy lawsuit. A lawyer can make the process as easy as possible for the family. They can collect hospital documents, witness statements, and much more to make a solid case on the family's behalf. They can also negotiate an acceptable settlement with the other party.
Statute of Limitations
The law requires families to file a lawsuit within a certain time frame after their child's injury. The time limit for filing a lawsuit may differ from state to state. Kansas, for instance, requires that families file a claim within 2 years from the birth of a child injured. Certain states have longer deadlines and it is imperative to consult with a reputable Erb's Palsy attorney as soon as possible to ensure your family can file an claim within the proper timeframe.
Your legal team will bring a lawsuit against the people responsible for your child's Erb's Palsy. Your doctor and other medical professionals could be named as defendants together with the hospital in which the incident occurred. During the discovery phase, your lawyers will collect evidence to show that there medical malpractice occurred and that the injuries could have been avoided. They will comb through your child's medical records and gather expert testimony from witnesses to support your case.
Based on the circumstances, your Erb's palsy lawyer can settle the case or take the case to trial. A settlement usually allows for compensation to be received faster than the time required for a court trial. It is not guaranteed that the settlement amount will be fair to you and your family. Your lawyer will do everything to get you the maximum compensation.
Filing a Lawsuit
The process of filing a lawsuit is different for each state, but it typically begins with an attorney looking over the case's details and specifics during a free legal evaluation. The lawyer will inform the client whether they have a valid case.
If the lawyer is convinced that a claim has merit the lawyer will send a letter to the doctor requesting compensation. The amount requested will be determined based on the severity of the injuries and the cost to treat. Most Erb's palsy attorneys will suggest settling out of court to expedite the process and avoid lengthy trials.
If the lawsuit is successful, families will receive financial compensation for the treatment of their child. By demanding that healthcare professionals be held accountable for their negligence they can also ensure that future children don't suffer the same fate.
A lawsuit will consist of two lawyers representing their clients. They will attempt to convince a judge or jury the healthcare provider for their client acted appropriately and reasonably, while the lawyers of the defendant will argue otherwise. If a settlement cannot be reached the case will be put to trial. The duration of a trial will depend on how much evidence is presented and the difficulty of the case. However, the majority of cases are settled out of court. A trial can be lengthy and may not result in a settlement for the plaintiff in the event that the jury or the judge do not agree with their argument.
Mediation
If a child is born with Erb's Palsy parents are faced with a lifetime of medical care and other costs. These costs can quickly add up and put a financial strain on the family. Brooklyn
Erb's Palsy lawyers can help parents to seek fair compensation.
The root cause of Erb's syndrome is the damage to the brachial-plexus nerves that run through the spinal cord into the neck and into the arm. The nerves can be damaged in different 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 the delivery. In the course of a delivery one may feel a doctor pull too hard or stretch the shoulder in order to free it from the birth canal and cause damage to the brachial plexus.
Shoulder dystocia occurs when a baby's shoulders are entrapped behind the cervical cervix of the mother. In these situations, the doctor may try to remove the shoulder by pulling on the shoulders or head or using forceps. This can strain the brachial nerves and cause Erb's palsy. It is possible for a doctor to identify risk factors that could lead to shoulder dystocia and take preventative measures. If a doctor fails to do this and is found to be negligent, they could be held accountable for an Erb's-related palsy claim.
Plaintiffs must show that the defendant's aversion to accepted practice caused the injury to prove that there was malpractice. Defendants often argue that there are no other causes of the child's shoulder dystocia, such as anomalies in the baby's position or intrauterine malformations.