erb's palsy law firm Palsy Attorneys

Parents of children who suffer from Erb's palsy are often worried about whether medical malpractice was the cause of the condition of their child. This injury can result from excessive pulling on a bundle of nerves that run through the shoulders known as the brachial plexus.

An experienced lawyer can assist victims in obtaining financial compensation. A settlement may cover treatments, surgeries, and future medical care.

Compensation

It can be costly to care for and raise a child with Erb's palsy. A lawyer can help families get the compensation they need to cover these costs. This includes money to cover medical expenses, physical and occupation therapy adaptation devices, emotional support and other costs.

A successful lawsuit could hold negligent medical professionals responsible. This can prevent them from repeating the same mistakes in the future. Taking legal action can give families a sense of satisfaction and closure after they have seen their child's lives turned upside down due to an injury to their birth.

If a newborn suffers an injury to the brachial plexus nerves in birth, it can result in Erb's palsy. These injuries are typically caused by excessive stretching or pulling of the baby's shoulders and head during labor. This could result from 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 treat any complications.

Erb's-Palsy lawsuits can be filed when a doctor is not prepared to manage complications that may occur during childbirth. An attorney can make the process as stress free as is possible for the family. They can collect hospital records, witness statements and more, to build an effective case on behalf of the family's behalf. They can also negotiate an equitable settlement with the other party.

Statute of limitations

Families are required by law to file a lawsuit in a specific time frame after their child was injured. The statutes of limitations for each state may vary. Kansas, for instance, requires that a family make a claim within two years from the birth of a child injured. Certain states have deadlines that are extended. It is important to talk with a reputable Erb's palsy lawyer as soon as you can in order to make sure that your family can file their claim within the required time frame.

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

Your Erb's Palsy attorney will negotiate a settlement based on your circumstances or take the case to the court. Settlements typically allow the payment to be made faster than a court trial. However, it's not certain that your family will get a fair settlement amount. Your attorney will work diligently to obtain the highest amount of compensation possible.

Filing a Lawsuit

The process of filing a lawsuit is different for each state, but generally begins 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 the lawyer believes that the claim is valid then he will send an email to the doctor requesting compensation. The amount of compensation demanded will be determined by the severity of the injuries as well as the cost to treat them. The majority of Erb's palsy lawyers will suggest settling out of court to accelerate the process and avoid lengthy trials.

The lawsuits that succeed will be able to award families financial 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.

A lawsuit will include two teams of lawyers arguing on behalf of their clients. They will attempt to convince a judge or jury that their client's healthcare professional was able and ethical and appropriately, while the lawyers of the defendant will argue that they did not. The case will be tried if a settlement is not reached. The length of a trial will depend on the amount of evidence that is presented and the nature of the case. Most cases are settled outside of court. This is because trial proceedings can add significant amount of time to the legal process, and could result in no settlement if the jury or judge does not support the plaintiff's case.

Mediation

Parents of a child born with Erb’s Palsy will be required to pay for medical care throughout their lives. The costs can quickly add up and place financial strain on a family. Brooklyn Erb's Palsy lawyers can assist parents to seek an equitable amount of compensation.

The cause of Erb's palsy is a problem with the brachial nerves which extend through the spinal cord into the neck, and eventually into the arm. These nerves can be injured in many ways, including excessive pulling on the baby's shoulders and head during delivery. Erb's Palsy can also result from the use of forceps during birth. In the course of a delivery one may feel a doctor pull too hard or stretch the shoulder to remove it from the birth canal and cause damage to the brachial plexus.

Shoulder dystocia occurs when a baby's shoulders get stuck behind the mother's cervical cervix. In these instances the doctor may attempt to dislodge the infant's shoulder by pulling harder on the shoulders and head or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. A doctor should be able to recognize risk factors for shoulder dystocia, and take preventative measures. If a doctor fails to do this can be held responsible for the claims of Erb's palsy.

In order to prove the malpractice in a lawsuit, plaintiffs must establish that the defendant's deviance from accepted practice proximately caused the injury. Defendants often argue that there were other reasons for the child's shoulder dystocia. This could be due to issues with the baby's posture or intrauterine malformations.