Erb's Palsy AttorneysParents of children with Erb's Palsy often have concerns about whether medical negligence was the cause in the development of their child's condition. This injury can be caused by excessive pulling on the brachial plexus, a swathe of shoulder nerves.
An experienced attorney can assist victims receive financial compensation. A settlement may cover future medical expenses as well as therapy and surgery.
Compensation
It can cost a lot to care for and raise the child who has Erb's Palsy. An attorney can assist families receive the financial aid needed to cover these costs. This includes money for medical expenses, physical and occupational therapy as well as adaptive devices, emotional support, and other expenses.
A successful lawsuit can also bring medical professionals who were negligent to blame. This can prevent them from making the same mistake in the future. Legal action can give families a satisfaction and closure when the child's life has been turned upside down due to a birth injury.
Erb's Palsy can occur when babies are injured by the brachial-plexus nerves while being born. These injuries are usually caused by excessive stretching or pulling of the baby's neck and shoulders during delivery. It could be due to the improper use of labor tools like a vacuum extractor or forceps or when doctors try to treat issues by pressing on the baby's shoulder.
If a doctor fails to properly prepare for and handle complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can help make the process as easy as possible for the family. They can collect medical records and witness statements to create an argument for the benefit of the family. They can also negotiate with the other side to negotiate an equitable settlement.
Statute of limitations
The law obliges families to make a claim within a set time after their child's injury. State-specific statutes of limitations can differ. Kansas is an example. It requires families to file a claim within two years of the birth of their child who was injured. Certain states have longer deadlines and it is crucial 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 appropriate window.
Your legal team will make a complaint against those responsible for your child's Erb's syndrome. Your doctor and other medical professionals could be named as defendants, and the hospital where the injury took place. During the discovery process, your attorney will gather evidence to prove that there was medical malpractice and that the injuries could have been preventable. They will review the records of your child and collect expert testimony to support your claim.
Depending on the situation your Erb's friend's lawyer will either negotiate a settlement or take the case to trial. Settlements usually allow compensation to be paid out faster than a court trial. However, it's not guaranteed that your family will get a fair settlement. Your lawyer will work hard to secure the highest compensation award possible.
Filing a Lawsuit
The process of filing a lawsuit is different for each state, but it usually begins with an attorney examining the case's details and specifics in a free legal case evaluation. 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 order letter requesting financial compensation. The amount sought will be determined based on the severity of the injuries and what they will cost to treat. Most
Erb's palsy attorneys will recommend settling out of court to expedite the process and avoid lengthy trials.
If the lawsuit is successful, the families will be awarded monetary compensation for the care of their child. They will also prevent other children from suffering the same fate by holding healthcare professionals responsible for their negligence.
Two teams of lawyers will present arguments on behalf of the clients in an action. They will attempt to convince a jury or judge the healthcare provider for their client acted sensibly and with a sense of fairness, while the lawyers of the defendant will argue that. If a settlement cannot be reached the case will go to trial. The length of a trial will depend on the amount of evidence presented and the extent of the case. However most cases end up being settled out of court. This is due to the fact that trials can add a significant amount of time to the legal process and could result in no compensation for the plaintiff if the judge or jury does not accept the plaintiff's arguments.
Mediation
When a child is born with Erb's Palsy parents are faced with an entire lifetime of medical treatment and other expenses. These expenses can quickly pile in the future and put financial pressure on a family. Brooklyn Erb's Palsy lawyers can help parents get fair compensation.
The brachial nerves which run through the neck and into the arm is the reason of Erb's Palsy. These nerves are susceptible to injury through a variety ways, for example, by pulling excessively on the baby's head and shoulders during the birth. Erb's Palsy can also be caused by the use of forceps during the delivery. During a delivery physician may pull too hard or extend the shoulder to release it from the birth canal and cause damage to the brachial plexus.
Shoulder dystocia happens when a baby's shoulders become stuck behind the cervical cervix that is her mother's. In such instances, the doctor might try to dislodge the infant's shoulder by pulling harder on the shoulders and head or using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor is able to identify risk factors for shoulder dystocia, and take preventative steps. If a doctor does not take this step could be held accountable for the claims of Erb's palsy.
To establish malpractice in a lawsuit, plaintiffs must show that the defendant's deviance from accepted practices proximately led to the injury. Defendants often claim that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's position, or intrauterine malformations.