Erb's Palsy Attorneys
Parents of children with Erb's Palsy often worry about whether medical negligence is the reason for the condition of their child. The injury may result by excessive pulling on brachial plexus, a swathe of shoulder nerves.
An experienced attorney can assist victims to receive financial compensation. Settlements can cover treatments, surgeries, and future medical expenses.
Compensation
It can be expensive to care for and raise the child who has Erb's Palsy. An attorney can help families get the money they need to cover these costs. This includes money for medical expenses including occupational and physical therapy, adaptive devices and emotional assistance.
A successful lawsuit can also bring medical professionals who have been negligent to account. This can prevent them from making the same mistake again in the future. The legal process can give families a sense closure and justice after they have seen their child's lives turned upside-down by the birth injury.
If a newborn suffers an injury to the brachial plexus nerves during birth, it could cause Erb's palsy. These injuries are usually caused by excessive pulling or stretching of the baby's neck and shoulders during birth. 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 to resolve complications.
If a doctor fails to properly prepare for and handle complications during birth, it can result in an
Erb's palsy lawsuit. An attorney can assist in making the process as painless as possible for the family. They can gather hospital documents, witness statements, and more to create a strong case on the family's behalf. They can also negotiate an acceptable settlement with the other party.
Statute of Limitations
The law obliges families to submit a lawsuit within a specified time following the incident of their child. The statutes of limitations for each state may differ. Kansas is one example. It requires that a family file a claim within two years following the birth of a child injured. Some states have longer deadlines and it is essential to speak with an experienced Erb's palsy attorney as soon as possible to ensure your family can file an appropriate claim within the window.
Your legal team will file a formal complaint against the parties that are responsible for your child's Erb palsy. The defendants could include your obstetrician and other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorneys will gather evidence to prove that there was medical malpractice and the injuries could have been avoided. They will comb through the medical records of your child and gather expert testimony from witnesses to support your case.
Depending on your situation the Erb's lawyer may negotiate a settlement or take the case to trial. A settlement typically provides faster access to compensation than a trial could. It is not certain that the settlement amount will be fair to your family. Your attorney will be diligent to secure the highest amount of compensation possible.
Filing an action
The procedure for filing a lawsuit differs from state to state, but it typically begins with an attorney reviewing the case's details and specifics in a free legal case assessment. The attorney will tell the client whether they have a valid case.
If a claim is deemed to be viable the lawyer will then send the doctor an email requesting financial compensation. The amount sought will be determined by the extent of the injuries and what they will cost to treat. Most Erb's Palsy Attorneys (
Wayranks.Com) will suggest settling outside of court to expedite the process and avoid lengthy trials.
A successful lawsuit will provide families with cash compensation to pay for their child's treatment. They can also prevent other children from suffering the same fate, by requiring healthcare professionals to be held accountable for their negligence.
A lawsuit will involve two teams of lawyers representing their clients. They will attempt to convince a judge or jury that their client's healthcare provider did the right thing and in a reasonable manner, whereas the lawyer representing the defendant will argue that they did not. The case will go to trial in the event that a settlement cannot be reached. The length of the trial will be determined by how much evidence is presented and the complexity of the case. However most cases are settled outside of court. This is because the trial process can add a significant amount of time to the legal process. It could also result in no compensation if a jury or judge doesn't accept the plaintiff's arguments.
Mediation
Parents of children born with
erb's palsy law firms Palsy will have to pay for medical care throughout their life. The costs can quickly add up and put financial pressure on a family. Brooklyn Erb's Palsy lawyers can help parents get fair compensation.
The reason for Erb's palsy is a problem with the brachial-plexus nerves that run through the spinal cord into the neck and then into the arm. These nerves are susceptible to injury in various ways that include excessive pulling on the baby's head and shoulders during the birth. Erb's syndrome can also be caused by the use of forceps during delivery. During the delivery, the doctor may pull or stretch the shoulder too far to pull it out of the birth canal. This can cause damage to the brachialplexus.
Shoulder dystocia occurs when baby's shoulders are entrapped behind the cervical cervix of their mother. In such cases the doctor might attempt to free the infant's shoulder by pulling more forcefully on the shoulders and head or by using forceps. This can cause strain on the brachial plexus nerves and cause Erb's palsy. A doctor can recognize the risk factors for shoulder dystocia and take preventative steps. If a doctor fails to take this action they may be held responsible for an Erb's Palsy claim.
To establish malpractice in a lawsuit, plaintiffs must prove that the defendant's deviance from accepted practices proximately led to the injury. Defense lawyers often claim that there are no other causes of the child's shoulder dystocia, such as problems with the baby's posture or intrauterine malformations.