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Erb's Palsy Attorneys

Parents of children with Erb's Palsy often have concerns about whether medical negligence played a role in the condition of their child. The injury could result from excessive pulling on a ring of nerves that run through the shoulders known as the brachial nerve.

An experienced attorney can assist victims in receiving financial compensation. Settlements can cover future medical treatments, therapy, or surgery.

Compensation

It can cost a lot to raise and care for a child with Erb's palsy. A lawyer can help families receive the money they need to pay for these expenses. This includes money for medical expenses, physical and occupational therapy, adaptive devices and emotional assistance.

A successful lawsuit could also hold negligent medical professionals accountable. This will prevent them from repeating the same mistakes again in the future. Legal action can give families a the sense of justice and closure for the child's life has been turned upside down due to birth injuries.

When a baby suffers an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's head and shoulders during the delivery. This can be caused by improper use of tools like vacuum extractors or forceps during labor. It can also happen when doctors push on the baby's shoulders to resolve complications.

If a doctor fails to adequately prepare for and manage complications during the birth process, it can result in an Erb's Palsy lawsuit. A lawyer can help make the process as painless as possible for the family. They can gather hospital records, witness statements, and much more to make a strong case on the behalf of the family. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

Families are required by law to file a lawsuit within a specific time frame after their child was injured. State-specific statutes of limitations can vary. Kansas, for example, requires a family to file a case within two years after the birth of their child injured. Certain states have deadlines that are extended. It is essential to talk with a reputable Erb's palsy lawyer as quickly as you can, to ensure that your family is able to file their claim within the appropriate time period.

Your legal team will file an official complaint against the parties who are accountable 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 phase, your attorneys will collect evidence to show that there medical malpractice occurred and that the injuries could have been avoided. They will review the medical records of your child and gather expert testimony to support your claim.

Based on your particular situation your Erb's friend's lawyer may settle the case or take the case to trial. Settlements typically provide faster access to compensation than a trial could. It is not certain that the amount of settlement will be fair to you and your family. Your lawyer will do everything possible to get you the maximum compensation.

Filing an action

The procedure for filing a lawsuit differs from state to state, but it typically starts with an attorney reviewing the case's details and facts during a free legal evaluation. The attorney will tell the client if they have a case that is valid.

If a claim is viable, the lawyer will send the doctor an order letter requesting financial compensation. The amount requested will be determined by the extent of the injuries and the amount they will cost to treat. Most Erb's palsy attorneys will suggest settling outside of court to expedite the process and avoid a lengthy trial.

Lawsuits that are successful will give families cash compensation to pay for the treatment of their child. They can also prevent other children from suffering the same fate, by making healthcare professionals accountable for their negligence.

A lawsuit will consist of two lawyers who argue on behalf of their clients. They will try to convince a jury or judge the healthcare provider of their client acted appropriately and reasonably, while the lawyers representing the defendant will argue otherwise. If a settlement cannot be reached, the case will be put to trial. The length of the trial will depend on the amount of evidence offered and the complexity. Most cases are settled outside of court. This is because trials 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 support the plaintiff's case.

Mediation

Parents of children born with Erb’s Palsy will have to pay for medical treatment throughout their lives. These costs can quickly accumulate and create financial strain on the family. Brooklyn Erb's Palsy lawyers can help parents seek an equitable amount of compensation.

The brachial nerves that extend through the neck and into the arm can be the cause of Erb’s palsy. These nerves are susceptible to injury in different ways such as excessive pulling on the baby's shoulders and head during the birth. Erb's palsy can also result from the use of forceps during delivery. During delivery, the doctor might pull or stretch the shoulder too far to free it from the birth canal. This can cause damage to the brachialplexus.

Some infants' shoulders become trapped behind the mother's cervix during vaginal birth (shoulder dystocia). In such cases the doctor may attempt to free the infant's shoulder by pulling harder on the shoulders and head or using forceps. This could cause overstretching of the brachial nerves and cause Erb's palsy. A doctor can recognize the risk factors that can cause shoulder dystocia and take preventative steps. If a doctor does not do this may be held accountable for claims related to Erb's 'Palsy.

Plaintiffs must prove that the defendant's aversion to the accepted method caused the injury to establish the malpractice. Defendants often argue that there were other causes of the child's shoulder dystocia, including issues with the baby's posture or intrauterine malformations.