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Erb's Palsy Attorneys

Parents whose children develop Erb's syndrome often have questions about whether medical negligence was a factor in their child's condition. The injury can be caused by excessive pulling on a ring of nerves in the shoulders known as the brachial nerve.

An experienced lawyer can assist victims to receive financial compensation. A settlement may cover the cost of surgery, therapy, or future medical care.

Compensation

It can be expensive to care for and raise a child with erb's palsy attorney palsy. A lawyer can assist families get the compensation they require to pay for these expenses. This includes funds for medical expenses as well as occupational and physical therapy, adaptive devices and emotional support.

A successful lawsuit may also hold negligent medical professionals responsible. This can prevent them from repeating the same mistakes in the future. Legal action can give families a the sense of justice and closure after their child's entire life has been altered by birth injuries.

When a baby suffers an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries are typically caused due to excessive pulling or stretching of the baby's neck and shoulders during birth. This can be caused by the incorrect application of tools like vacuum extractors or forceps during labor. It can also occur when doctors push on the baby's shoulders to solve any issues.

If a doctor doesn't properly prepare for and handle complications during the birth, it may result in an Erb's palsy lawsuit. An attorney can help make the process as stress-free as is possible for the family. They can collect medical records and witness statements to create an argument that is strong on behalf of the family. They can also negotiate with the other side to negotiate an equitable settlement.

Statute of limitations

The law obliges families to submit a lawsuit within a certain time frame after the injury of their child. The statute of limitations may vary by state. Kansas for instance, requires families to file a claim within 2 years following the birth of a child injured. Some states have deadlines that are longer, and it is important to talk with a reputable Erb's palsy attorney as soon as possible to ensure that your family can file a claim within the appropriate window.

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

Depending on the situation, your Erb's palsy lawyer will either negotiate a settlement or take the case to trial. A settlement typically allows the payment to be made faster than a court trial. However, Erb's palsy it is not certain that your family will receive a fair settlement amount. Your attorney will work diligently to obtain the highest amount of compensation that is possible.

Filing a Lawsuit

The process of filing a lawsuit varies from state to state, but it usually begins with an attorney reviewing the details of the case and the facts in a free legal case assessment. The attorney will tell the client if they have a valid case.

If a claim is viable, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount sought will be based on the extent of the injuries and what they will cost to treat. Most Erb's palsy attorneys will recommend settling out of court to accelerate the process and avoid lengthy trials.

A successful lawsuit will be able to award families cash compensation to pay for the child's medical treatment. They can also keep other children from suffering the same fate as they did by making healthcare professionals accountable for their negligence.

A lawsuit will involve two teams of lawyers who argue on behalf of their clients. They will attempt to convince a judge or jury their client's healthcare provider acted properly and in a fair manner, while the lawyers of the defendant will argue that. 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 presented and the degree of complexity. Most cases are settled out of court. This is due to the fact that trials can add a significant amount of time to the legal process and may result in no compensation if a jury or judge does not agree with the plaintiff's argument.

Mediation

If a child is born with Erb's Palsy the parents face an entire lifetime of medical treatment and other costs. The costs can quickly add in the future and put financial pressure on a family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is the result of damage to the brachial plexus nerves which originate from the spinal cord to the neck, and eventually into the arm. These nerves can be injured in a variety of ways, including when you pull too hard on your baby's shoulders and head during the birth. Erb's palsy may also result from the use of forceps during birth. During a birth one may feel a doctor pull too hard or Erb's palsy stretch the shoulder to remove it from the birth canal, causing damage to the brachial plexus.

Some infants' shoulders become stuck behind the mother's cervix during the vaginal birth process (shoulder dystocia). In such cases the doctor may attempt to free the infant's shoulders by pulling more forcefully on the shoulders and head or using forceps. This can strain the brachial plexus nerves. This can cause Erb's palsy. A doctor can identify risk factors for shoulder dystocia, and take preventative measures. If a doctor fails to do so they may be held liable for an Erb's palsy claim.

Plaintiffs must prove that the defendant's deviation from accepted practice caused the injury in order to establish the malpractice. Defendants often claim that there were unrelated causes for the shoulder dystocia. This could be due to abnormalities in the baby's positioning or intrauterine malformations.