Erb's Palsy Attorneys
Parents of children who suffer from Erb's palsy often have questions about whether medical negligence was a factor in the child's condition. This injury can result from excessive pulling on a bundle of nerves in the shoulders known as the brachial complex.
An experienced attorney can help victims receive financial compensation. Settlements may provide future medical expenses as well as therapy and surgery.
Compensation
It can be expensive to raise and care for a child who has Erb's Palsy. A lawyer can assist families receive the money they need to cover these costs. This includes money to pay for medical expenses, physical and occupation therapy as well as adaptive devices, emotional support and other costs.
A successful lawsuit may also make medical professionals accountable for their mistakes. This will prevent them from making the same mistakes again in the future. Legal action can provide families with a sense justice and closure after their child's entire life has been changed by an injury to their birth.
When a baby suffers an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's head and shoulders during the delivery. This can be caused by the incorrect use of tools such as vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders in order to resolve complications.
Erb's-Palsy lawsuits can be filed if a doctor fails to properly prepare and manage any complications that might arise during childbirth. A lawyer can make the process as painless as is possible for the family. They can gather hospital records, witness statements and more to build a strong case on the behalf of the family. They can also negotiate with the opposing side to negotiate a fair settlement.
Statute of limitations
Families are legally required to file a lawsuit within the time frame specified after their child has been injured. The time frame for filing a lawsuit can vary from state to state. Kansas for instance, requires families to submit a claim within two years from the birth of a child who was injured. Some states have longer deadlines and it is essential to speak with a reputable
Erb's Palsy attorney as soon as you can to ensure that your family can file an claim within the proper window.
Your legal team will file an official complaint against the people who are responsible for your child's Erb palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorney will collect evidence to show medical malpractice and also prove that the injuries were prevented. They will review the medical records of your child and gather expert witness testimony to prove your case.
Depending on the situation your Erb's palsy lawyer can settle the case or take the case to trial. Settlements typically allow compensation to be received faster than a court trial. It is not guaranteed that the settlement amount will be fair to you and your family. Your attorney will work diligently to reach the maximum amount of compensation possible.
Filing a Lawsuit
The process of filing a lawsuit differs from state to state, but it usually begins with an attorney reviewing the details of the case and the facts during a no-cost legal case evaluation. They will then inform the client if they have a case.
If the claim is valid, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount of compensation demanded will depend on the severity of the injuries as well as the expense to treat them. The majority of
erb's palsy law firms & Palsy lawyers suggest that you settle out of court to accelerate the process.
A successful lawsuit will provide families with an amount of money to cover the child's medical treatment. They can also to prevent other children from suffering the same fate, by making healthcare professionals accountable for their negligence.
Two teams of lawyers will present arguments on behalf of the clients in an action. 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 against. If a settlement cannot be reached, the case will go to trial. The length of the trial depends on the amount of evidence presented and the degree of complexity. The majority of cases are settled outside of court. A trial can take a long time and may not result in a settlement for the plaintiff if the jury or the judge are not in agreement with their arguments.
Mediation
Parents of a child who was born with Erb's Palsy will be required to pay for medical expenses throughout their lives. The costs can quickly add over time and put financial stress on families. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.
Damage to the brachial nerves that run from the spine through the neck to the arm is the root of Erb's palsy. These nerves can be injured in a variety of ways, such as by pulling excessively on the baby's head and shoulders during delivery. Erb's palsy can also result from the forceps used during delivery. In the course of a delivery physician may pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.
Shoulder dystocia is when a baby's shoulders get caught behind the mother's cervical cervix. In such instances, the doctor might try to free the baby's shoulder by pulling more forcefully on the head and shoulders or by using forceps. This can overstretch the brachial plexus nerves. This can cause Erb's palsy. A doctor is able to identify risk factors for shoulder dystocia, and take preventative measures. If a doctor is unable to do this and is found to be negligent, they could be held accountable for an Erb's palsy claim.
To establish malpractice in a lawsuit, plaintiffs must establish that the defendant's departure from the accepted practice directly caused the injury. Defendants often claim that there were unrelated causes for the shoulder dystocia, such as problems with the baby's posture or intrauterine malformations.