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Erb’s Palsy Attorneys

Parents of children who suffer from Erb’s palsy often have questions about whether medical negligence played a role in the development of their child’s condition. The injury could result from excessive pulling on a bundle of nerves located in the shoulders known as the brachial complex.

An experienced lawyer can help victims receive financial compensation. A settlement may cover future medical treatments as well as therapy and surgery.

Compensation

It can be costly to raise and take care of a child with Erb’s palsy. A lawyer can help families receive the financial aid needed to cover these costs. This includes money to pay for medical expenses, physical and occupational therapy adaptation devices, emotional support and other costs.

A successful lawsuit can also be a way to hold negligent medical professionals accountable. This can help them avoid making the same mistake in the future. Taking legal action can give families a sense peace and closure after having have seen their child’s life turned upside-down by an injury to their birth.

When a baby suffers an injury to the brachial plexus nerves in the birth process, it may cause Erb’s palsy. These injuries are usually caused by excessive stretching or pulling of the baby’s shoulders and head during the birth. This could be due to inadequate 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.

If a doctor doesn’t properly prepare and manage complications during birth, it could result in an Erb’s palsy lawsuit. A lawyer can make the process as stress-free as possible for the family. They can gather medical records and witness statements to make a convincing argument on behalf of the family. They can also negotiate with the other side to negotiate an acceptable settlement.

Statute of limitations

The law requires families to bring a lawsuit within a specific time period following the incident of their child. The time limit for filing a lawsuit may differ by state. Kansas for instance, requires families to file a claim within two years from the birth of their child injured. Some states have extended deadlines. It is imperative to talk with a reputable Erb’s palsy lawyer as soon as possible in order to ensure that your family can file their claim within a certain time frame.

Your legal team will make a complaint against those responsible for your child’s Erb’s palsy. The defendants could include your obstetrician as well as other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your lawyers will gather evidence to prove that there was medical negligence and that the injuries could have been prevented. They will review the medical records of your child and gather expert witness testimony to prove your case.

Depending on your situation your Erb’s friend’s lawyer can settle the case or take the case to trial. Settlements typically allow the payment to be made faster than the time required for a court trial. It isn’t guaranteed that the settlement amount will be fair to your family. Your lawyer will do everything to secure the maximum compensation.

Filing an action

The process to file a lawsuit varies by state, but generally, an attorney will analyze the case’s specifics and facts as part an initial legal evaluation. They will then inform the client whether or not they have an issue.

If the lawyer is convinced that the claim is valid, he will send a letter to the doctor asking for compensation. The amount of money requested will depend on the severity of the injuries and the cost to treat them. The majority of Erb’s palsy lawyers will suggest settling outside of court to speed up the process and avoid a lengthy trial.

Lawsuits that are successful will award families with financial compensation to pay for the child’s medical treatment. They can also keep other children from being affected by the same fate by making healthcare professionals accountable for their negligence.

Two teams of lawyers will argue on behalf of the clients in an action. They will attempt to convince a jury or judge the healthcare provider of their client acted appropriately and reasonably, while the lawyers of the defendant will argue against. The case will be tried when a settlement isn’t reached. The length of the trial will depend on the amount of evidence that is presented and the difficulty of the case. However the majority of cases end up being settled out of court. This is because trial proceedings can add significant amount of time to the legal process, and could result in no compensation if the jury or judge doesn’t accept the plaintiff’s arguments.

Mediation

If a child is born with Erb’s Palsy parents are confronted with a lifetime of medical care and other costs. These expenses can quickly mount up and cause financial stress on the family. Brooklyn Erb’s Palsy lawyers can assist parents get an equitable amount of compensation.

The root of Erb’s Palsy is damage to the brachial plexus nerves which run from the spinal cord through the neck and then into the arm. These nerves can be injured in various ways such as excessive pulling on the baby’s head and shoulders during delivery. Erb’s palsy can also result from the forceps used during delivery. During delivery, a doctor might pull or extend the shoulder too much to free it from the birth canal. This can cause injury to the brachialplexus.

Some babies’ shoulders become lodged behind the mother’s cervix in vaginal delivery (shoulder dystocia). In such cases the doctor might attempt to free the baby’s shoulder by pulling more forcefully on the head and shoulders or by using forceps. This could cause overstretching of the brachial nerves and cause Erb’s palsy. A doctor can identify the risk factors for shoulder dystocia and take preventative steps. A doctor who fails to take this step could be held accountable for the claims of Erb’s palsy.

In order to prove the malpractice in a lawsuit, plaintiffs must show that the defendant’s deviation from accepted practices proximately led to the injury. Defendants often argue that there were unrelated causes for the shoulder dystocia, including problems with the baby’s posture or intrauterine malformations.