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Erb's Palsy Attorneys
Parents of children with Erb's palsy often have questions about whether medical negligence played a part in the child's condition. This injury can result from excessive pulling on a ring of nerves in the shoulder known as the brachial nerve.
A knowledgeable attorney can assist victims in receiving financial compensation. A settlement may cover the cost of surgery, therapy, or future medical expenses.
Compensation
It can be costly to care for and raise a child with Erb's palsy. A lawyer can assist families get the compensation they require to pay for these costs. This includes money for medical expenses, physical and occupation therapy as well as adaptive devices, emotional support and other expenses.
A successful lawsuit could hold negligent medical professionals responsible. This can prevent them from repeating the same mistakes in the future. In the event of legal action, it can provide families with a sense of justice 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 law firm palsy. These injuries are usually caused due to excessive pulling or stretching of the baby's neck and shoulders during labor. This can be caused by improper use of tools during labor, such as the forceps or vacuum extractor or when doctors try to resolve problems by pushing on the baby's shoulder.
When a doctor does not properly prepare for and handle complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can help make the process as easy as is possible for the family. They can gather the hospital records and witness statements to construct a convincing argument on behalf of the family. They can also negotiate an acceptable settlement with the other party.
Statute of Limitations
The law requires families to file a lawsuit within a set time following the incident of their child. State-specific statutes of limitations may vary. Kansas, for example, requires a family to file a claim within two years of the birth of their child who was injured. Some states have deadlines that are longer and it is imperative to consult with a reputable Erb's palsy attorney as soon as possible in order to ensure your family can file a claim within the required timeframe.
Your legal team will make a complaint against the people responsible for your child's Erb's palsy. The defendants could include your obstetrician, other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your lawyers will collect evidence to prove that there was medical malpractice and the injuries could have been prevented. They will look through the child's medical records and gather expert evidence to back your claim.
Depending on your situation, your Erb's palsy lawyer will either negotiate a settlement or take the case to trial. A settlement typically gives faster access to compensation than a trial could. It isn't guaranteed that the settlement amount will be fair to your family. Your lawyer will work hard to get the highest settlement amount that you can get.
Filing a Lawsuit
The procedure for filing a lawsuit varies by state, but in general an attorney will look over the case's details and facts as part of an initial legal evaluation. The attorney will inform the client whether they have a valid case.
If the lawyer thinks the claim is valid then he will send a letter to the doctor requesting compensation. The amount of compensation requested will depend on the severity of the injuries and the expense to treat them. Most Erb's palsy attorneys will suggest settling outside of court to speed up the process and avoid a lengthy trial.
If the lawsuit is successful, families will be awarded monetary compensation for Erb's palsy the treatment of their child. They will also help to prevent other children from being affected by 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 the jury or judge that their client's healthcare professional did the right thing and in a reasonable manner, while the defendant's lawyers will argue that they did not. If a settlement cannot be reached the case will go to trial. The duration of a trial is contingent on the amount of evidence provided and the complexity. However the majority of cases end up being settled out of court. A trial could take a long time and may not result in a settlement for the plaintiff in the event that the judge or jury are not in agreement with their arguments.
Mediation
When a child is born with Erb's Palsy parents are confronted with a lifetime of medical care and other expenses. These expenses are likely to increase quickly and create financial strain on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy lawyers.
The cause of Erb's palsy is the damage to the brachial plexus nerves, which run from the spinal cord down the neck, and eventually into the arm. These nerves are susceptible to injury in a variety of ways, including excessive pulling on the baby's shoulders and head during delivery. Erb's Palsy may be caused by use of forceps during delivery. During a birth, a doctor might pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.
Shoulder dystocia happens when a baby's shoulders get caught behind the cervical cervix of their mother. In these cases, the doctor may try to release the shoulder by pulling the shoulders or head more or using forceps. This can cause strain on the brachial plexus nerves, which can cause Erb's palsy. It is possible for a physician to recognize risk factors that can cause shoulder dystocia and take preventative measures. If a doctor is unable to do so they may be held liable for an Erb's palsy claim.
In order to prove the malpractice in a lawsuit, plaintiffs must prove that the defendant's deviation from the accepted procedure proximately caused the injury. Defendants will often claim that shoulder dystocia is caused due to unrelated factors, such as a change of the baby's position or intrauterine malformations.
