Erb's Palsy Attorneys

Parents of children who suffer from Erb's Palsy are often concerned about whether medical malpractice caused their child's condition. The injury could be caused by excessive pulling on a ring of nerves in the shoulder known as the brachial complex.

An experienced lawyer can help victims in obtaining financial compensation. Settlements may provide future medical treatment as well as therapy and surgery.

Compensation

It can be expensive to raise and care a child with Erb's palsy. A lawyer can assist families receive the money they need to cover these costs. This includes money to pay for medical costs, physical and occupational therapy, adaptive devices, emotional support and other costs.

A successful lawsuit could hold negligent medical professionals responsible. This will help them avoid making similar mistakes in the future. Legal action can give families a an understanding of justice and closure when their child's entire life has been turned upside down due to birth injuries.

Erb's palsy can develop when babies are injured by the brachial-plexus nerves when being delivered. These injuries are typically caused due to excessive pulling or stretching of the baby's shoulders and head during labor. This can be caused by inadequate use of labor tools, such as a vacuum extractor or forceps, or it may occur when doctors try to treat issues by pushing on the baby's shoulder.

Erb's Palsy lawsuits can be filed when a doctor is unable to properly prepare and handle complications that may arise during the birth of a child. A lawyer can make the process as painless as possible for the family. They can collect hospital documents, witness statements, and more, to build an argument that is strong on the behalf of the family. They can also negotiate with the other party to reach an acceptable settlement.

Statute of Limitations

The law requires families to bring a lawsuit within a set time after the child's injury. The statute of limitations can differ by state. Kansas, for instance, requires families to file a claim within 2 years of the birth of a child who was injured. Some states have deadlines that are longer and it is essential to consult with a reputable Erb's Palsy attorney as soon as you can to ensure that your family can file a claim within the required window.

Your legal team will file an official complaint against the parties that are accountable for your child's Erb palsy. Your obstetrician and other medical professionals could be named as defendants and the hospital where the injury occurred. During the discovery process, your attorneys will gather evidence to prove medical malpractice and that the injuries were prevented. They will review the medical records of your child and gather expert testimony from witnesses to support your case.

Depending on the situation your Erb's palsy lawyer may settle the case or take the case to trial. A settlement typically provides faster access to compensation than a trial would. It is not guaranteed that the settlement amount will be fair to you and your family. Your attorney will be diligent to obtain the highest settlement amount that you can get.

Filing a Lawsuit

The process of filing a lawsuit varies from state to state, but it typically begins with an attorney reviewing the details of the case and the facts during a free legal case assessment. They will then advise the client if they have a case.

If the claim is valid the lawyer will then send the doctor an demand letter in order to request financial compensation. The amount requested will be determined based on the extent of the injuries and what they will cost to treat. Most Erb's lawyers recommend settling out of court to accelerate the process and avoid lengthy trials.

If the lawsuit is successful, families will be awarded monetary compensation for the care of their child. They can also to prevent other children from suffering the same fate, by holding healthcare professionals responsible for their negligence.

A lawsuit will involve two teams of lawyers who argue on behalf of their clients. They will try to convince a jury or judge that their client's healthcare provider acted appropriately and reasonably, while the lawyers of the defendant will argue that. If a settlement is not reached, the case will be put to trial. The length of a trial depends on the amount of evidence offered and the amount of evidence presented. The majority of cases are settled out of court. This is because a trial 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 support the plaintiff's case.

Mediation

When a child is born with Erb's Palsy the parents face a lifetime of medical care and other expenses. These expenses can quickly accumulate and place a financial burden on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The brachial nerves which run from the spine through the neck and into the arm can be the cause of Erb's palsy. These nerves are susceptible to injury in various ways by excessive pulling on the baby's head and shoulders during delivery. Erb's Palsy can also be caused by the use of forceps during delivery. During the process of delivery, the doctor might pull or stretch the shoulder too far to free it from the birth canal. This could cause damage to the brachialplexus.

Shoulder dystocia is when a baby's shoulders get caught behind the cervical cervix that is her mother's. In these instances the doctor might try to release the shoulder by pulling on the head or shoulders harder or using forceps. This can cause strain on the brachial nerves and cause Erb's palsy. A doctor is able to identify the risk factors that can cause shoulder dystocia and take preventative steps. If a doctor fails to do so, they can be held accountable for an Erb's Palsy claim.

Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury to prove that there was malpractice. Defense lawyers often claim that shoulder dystocia is caused due to unrelated factors, like abnormalities of the baby's position or intrauterine malformations.