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Erb's Palsy Attorneys

Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence played a part in their child's condition. The injury can result by excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced attorney can assist victims receive financial compensation. A settlement may cover treatments, surgeries, and future medical treatment.

Compensation

It can cost a lot to raise and care for a child with Erb's palsy; nanumpower.com,. An attorney can help families receive the money they need to pay for these expenses. This includes money for medical expenses such as occupational and physical therapy, adaptive devices and emotional assistance.

A successful lawsuit could hold negligent medical professionals responsible. This can stop them from making the same mistakes again in the future. Legal action can provide families with the sense of justice and closure after their child's whole life has been altered by an injury to their birth.

When a baby suffers an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries are typically caused due to excessive pulling or stretching of the baby's shoulders and head during labor. This can be due to inadequate use of tools during labor, such as the forceps or vacuum extractor or when doctors attempt to solve issues by pressing on the baby's shoulder.

When a doctor does not properly prepare for and handle complications during birth, it can result in an Erb's palsy lawsuit. An attorney can work to make the process as painless as is possible for the family. They can collect the hospital records and witness statements to construct an argument for the benefit of the family. They can also negotiate an appropriate settlement with the other party.

Statute of Limitations

The law requires families to submit a lawsuit within a specified time after the child's injury. The statute of limitations may differ by state. 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 important to talk with a reputable Erb's palsy attorney as soon as possible to ensure your family can file an claim within the proper window.

Your legal team will submit a complaint to the parties accountable for your child's Erb's palsy. The defendants could include your obstetrician, any other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to prove that there was medical malpractice and the injuries could have been avoided. They will go through the records of your child and collect expert evidence to support your claim.

Based on your particular situation, your Erb's palsy lawyer will either settle the case or take the case to trial. Settlements typically allow the compensation to be received more quickly than an appeal in court. However, it is not certain that your family will receive a fair amount of settlement. Your lawyer will do everything possible to ensure that you receive the maximum amount of compensation.

Filing a Lawsuit

The procedure for filing a lawsuit is different for each state, but it usually begins with an attorney reviewing the case details and facts during a no-cost legal case evaluation. They will then inform the client if they have an issue.

If the lawyer is convinced that the claim is valid the lawyer will send an email to the doctor asking for compensation. The amount of compensation sought will depend on the degree of the injury and the expense to treat them. Most Erb's palsy attorneys will suggest settling outside of court to speed up the process and avoid lengthy trials.

If the lawsuit is successful, the families will be awarded monetary compensation for the care of their child. They also will help keep other children from suffering the same fate, by requiring healthcare professionals to be held 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 the healthcare provider of their client acted sensibly and with a sense of fairness, while the lawyers representing the defendant will argue otherwise. The case will be heard if a settlement is not reached. The duration of a trial will be determined by how much evidence is provided and the extent of the case. However most cases end up being settled out of court. A trial could take a long time and result in no compensation for the plaintiff in the event that the jury or the judge do not agree with their argument.

Mediation

If a child is born with Erb's Palsy the parents face a lifetime of medical bills and other costs. These expenses can quickly mount up and place a financial burden 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 result of damage to the brachial nerves which run through the spinal cord into the neck and into the arm. These nerves are susceptible to injury in various ways that include excessive pulling on the baby's head and shoulders during delivery. Erb's syndrome can be caused by use of forceps during the delivery. During delivery, a doctor may pull or stretch the shoulder too hard to pull it out of the birth canal. This can cause injury to the brachialplexus.

Some babies' shoulders are stuck behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In such cases the doctor may try to free the baby's shoulder by pulling harder on the shoulders and head or by using forceps. This can overstretch the brachial plexus nerves and cause Erb's palsy. A doctor is able to identify risk factors for shoulder dystocia and take preventative steps. When a doctor fails to do so, they can be held liable for an Erb's palsy claim.

To establish malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviation from the accepted procedure proximately caused the injury. Defendants often claim that there are no other causes for the child's shoulder dystocia, including problems with the baby's posture or intrauterine malformations.