erb's palsy law firm Palsy Attorneys
Parents of children who suffer from Erb's Palsy often worry about whether medical negligence caused the condition of their child. The injury can result from excessive pulling on a bundle of nerves in the shoulder known as the brachial complex.
An experienced lawyer can help victims in obtaining financial compensation. Settlements may pay for the cost of surgery, therapy, or future medical treatment.
Compensation
It can be costly to raise and take care of a child with Erb's palsy. A lawyer can help families receive the financial aid needed to pay for these expenses. This includes money to cover medical costs, physical and occupational therapy adaptation devices, emotional support, and other expenses.
A successful lawsuit could also hold negligent medical professionals accountable. This can help them avoid making similar mistakes in the future. The legal process can give families a sense of closure and justice after they have witnessed their child's life changed by an injury at birth.
If a baby is afflicted with an injury to the brachial plexus nerves during delivery, it can cause 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 the improper application of tools like vacuum extractors or forceps during labor. It can also occur when doctors press on the baby's shoulders to treat any complications.
Erb's Palsy lawsuits may be filed when a physician fails to properly prepare and handle complications that may arise during childbirth. An attorney can assist in making the process as easy as is possible for the family. They can collect hospital records, witness testimony, and more to build a solid case on the family's behalf. They can also negotiate an equitable settlement with the other party.
Statute of Limitations
Families are legally required to file a lawsuit in the specified timeframe after their child is injured. The time limit for filing a lawsuit may vary by state. Kansas for instance, requires families to file a claim within two years of the birth of their child who has been injured. Some states have deadlines that are longer and it is imperative to speak with an experienced Erb's palsy attorney as soon as you can to ensure that your family is able to file a claim within the required timeframe.
Your legal team will submit a complaint to those responsible for your child's Erb's palsy. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorneys will gather evidence to prove that there an error in medical care and that the injuries could have been prevented. They will go through the medical records of your child and gather expert testimony from witnesses to support your case.
Your
Erb's Palsy attorney will negotiate an agreement based on your circumstances or take the case to court. Settlements typically allow the payment to be made faster than a court trial. It isn't guaranteed that the settlement amount will be fair to your family. Your attorney will be diligent to get the highest amount of compensation that is possible.
Filing an action
The procedure to file a lawsuit varies according to the state, however generally, a lawyer will analyze the case's specifics and facts as part of an evaluation of the legal situation for free. The attorney will tell the client if they have a valid case.
If the lawyer is convinced that a claim is legitimate then he will send a letter to the doctor asking for compensation. The amount requested will be based on the severity of the injury and the amount they will cost to treat. Most
Erb's palsy attorneys will suggest settling out of court to speed up the process and avoid a lengthy trial.
If the lawsuit is successful, it will provide families with the financial compensation they need to pay for the treatment of their child. They also will help others avoid suffering the same fate as they did by holding healthcare professionals responsible for their negligence.
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 for a different position. If a settlement is not reached the case will be put to trial. The length of a trial depends on the amount of evidence that is presented and the degree of complexity. The majority of cases are settled out of court. This is because trial proceedings can add 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 argument.
Mediation
When a child is born with Erb's Palsy the parents face an entire lifetime of medical treatment and other expenses. These costs can quickly add up and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can assist parents seek fair compensation.
The root cause of Erb's syndrome is damage to the brachial nerves that run from the spinal cord down the neck before reaching the arm. These nerves are susceptible to injury in a variety of ways, including when you pull too hard on your baby's head and shoulders during delivery. Erb's Palsy may also be caused by use of forceps during delivery. During the process of delivery, the doctor may pull or extend the shoulder too much to pull it out of the birth canal. This can cause damage to the brachialplexus.
Some babies' shoulders get stuck behind the mother's cervical region during vaginal birth (shoulder dystocia). In these situations, the doctor may try to get rid of the shoulder by pulling the shoulders or head harder or using forceps. This could trigger Erb's Palsy by stretching the brachial nerves. A doctor can recognize risk factors for shoulder dystocia and take preventative steps. If a physician fails to take this action and is found to be negligent, they could be held accountable for an Erb's Palsy claim.
Plaintiffs must prove that the defendant's deviation from accepted practice caused the injury in order to establish the malpractice. Defense lawyers often claim that there were other causes for the shoulder dystocia, such as anomalies in the baby's position or intrauterine malformations.