Erb’s Palsy Attorneys

Children who develop Erb’s palsy often have questions about whether medical negligence played a role in the child’s condition. The injury could result from excessive pulling on a ring of nerves that run through the shoulders called the brachial plexus.

An experienced attorney can assist victims in receiving financial compensation. A settlement could cover future medical care as well as therapy and surgery.

Compensation

It can be expensive to raise and care for the child with Erb’s syndrome. A lawyer can assist families get the financial aid they need to cover these costs. This includes money for medical expenses as well as occupational and physical therapy, adaptive devices, and emotional assistance.

A successful lawsuit can also bring medical professionals who were negligent to blame. This can prevent them from making the same mistake again in the future. Legal actions can give families a satisfaction and closure after their child’s life has been altered by an injury at birth.

If a baby sustains an injury to the brachial plexus nerves in birth, it can result in Erb’s palsy. These injuries result from excessive stretching or pulling of the baby’s neck and shoulders during delivery. This can be caused by the improper use of tools like vacuum extractors or forceps during labor. It can also happen when doctors press on the baby’s shoulders to solve any issues.

If a doctor fails to properly prepare and manage complications during birth, it could cause an Erb’s palsy lawsuit. An attorney can make the process as smooth as possible for the family. They can collect hospital records, witness statements and more to create an argument that is strong on the family’s behalf. They can also negotiate an acceptable settlement with the other party.

Statute of Limitations

The law obliges families to make a claim within a certain time frame after the injury of their child. The statute of limitations can vary by state. Kansas is an example. It requires families to file a claim within two years from the birth of their 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 in order to ensure your family can file a claim within the required timeframe.

Your legal team will make a complaint against the parties responsible for your child’s Erb’s syndrome. The defendants could include your obstetrician as well as other medical professionals, and the hospital where the injury occurred. During the discovery process, your attorneys will collect evidence to prove medical malpractice and to prove that the injuries were avoidable. They will look through the child’s medical records and gather expert testimony to support your claim.

Depending on the situation your Erb’s palsy lawyer may settle the case or take the case to trial. Settlements typically allow compensation to be paid out faster than a court trial. However, it’s not certain that your family will get a fair settlement. Your attorney will work diligently to reach the maximum settlement amount that you can get.

Filing a Lawsuit

The process of filing a lawsuit varies from state to state, but it usually starts with an attorney reviewing the case’s details and facts during a free legal case evaluation. The lawyer will inform the client if they have a case that is valid.

If a claim is viable the lawyer will send the doctor a demand letter asking for financial compensation. The amount sought will be based on the severity of the injury and what 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 provide families with cash compensation to pay for the treatment of their child. By requiring healthcare professionals to be accountable for their negligence they can also prevent future children from suffering the exact same fate.

Two teams of lawyers will present arguments for clients in an action. They will try to convince a judge or jury that their client’s healthcare professional behaved in a fair and appropriate manner while the defense lawyers will argue that they did not. If a settlement is not reached, the case will be put to trial. The length of the trial will depend on the amount of evidence that is presented and the complexity. Most cases are settled outside of court. This is because the trial process can add a significant amount of time to the legal process. It could also result in no compensation if a judge or jury does not agree with the plaintiff’s position.

Mediation

Parents of children born with Erb’s Palsy will have to pay for medical treatment throughout their life. These costs can quickly accumulate and place a financial burden on the family. Parents can seek fair compensation working with Brooklyn Erb’s Palsy lawyers.

The cause of Erb’s palsy is the damage to the brachial plexus nerves, which originate through the spinal cord into the neck before reaching the arm. These nerves can be injured in a variety of ways such as excessive pulling on the baby’s shoulders and head during delivery. Erb’s palsy may also result from the use of forceps during birth. During delivery, a doctor may pull or extend the shoulder too much to pull it out of the birth canal. This could cause damage to the brachialplexus.

Some babies’ shoulders get stuck behind the mother’s cervix during vaginal birth (shoulder dystocia). In such cases the doctor may try to free the baby’s shoulder by pulling more forcefully on the shoulders and head or by using forceps. This could cause overstretching of the brachial plexus nerves. This can cause Erb’s palsy. It is possible for a physician detect risk factors that could cause shoulder dystocia, and take preventative measures. If a doctor fails to do this can be held responsible for claims relating to Erb’s Palsy.

To establish malpractice in a lawsuit, plaintiffs must establish that the defendant’s departure from the accepted procedure proximately caused the injury. Defendants often claim that there were no underlying causes of the child’s shoulder dystocia. This could be due to issues with the baby’s posture or intrauterine malformations.