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erb's palsy lawyers Palsy Attorneys

Parents of children suffering from Erb's Palsy are often concerned about whether medical malpractice was the cause of the condition of their child. This injury can be caused by excessive pulling on a bundle of nerves located in the shoulders known as the brachial plexus.

An experienced attorney can assist victims to receive financial compensation. A settlement may cover future medical treatments or therapy as well as surgery.

Compensation

It can be expensive to care for and raise a child with Erb's palsy. An attorney can help families receive the financial aid needed to cover these costs. This can include money to cover medical expenses, physical and occupation therapy, adaptive devices, emotional support and other costs.

A successful lawsuit may also be able to hold negligent medical professionals accountable. This can stop them from making the same mistakes again in the future. Taking legal action can give families a sense peace and closure after having have seen their child's lives turned upside-down by a birth injury.

When a baby suffers an injury to the brachial plexus nerves during the birth process, it may cause Erb's palsy. These injuries are usually caused due to excessive pulling or stretching of the baby's head and shoulders during the birth. This can result from the improper application of tools like vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders in order to treat any complications.

If a physician fails to properly prepare for and handle complications during the birth, it may result in an Erb's palsy lawsuit. An attorney can make the process as easy as is possible for the family. They can collect hospital documents, witness statements, and much more to make a strong case on the family's behalf. They can also negotiate with the opposing side to negotiate a fair settlement.

Statute of limitations

The law requires families to make a claim within a specified time after their child's injury. The statute of limitations can differ by state. Kansas, for example, requires families to file a case within two years from the birth of their child 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 to ensure your family can file a claim within the required window.

Your legal team will make a complaint against the people responsible for your child's Erb's palsy. The defendants could include your obstetrician, any other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorney will gather evidence to prove that there was medical malpractice and the injuries could have been avoided. They will look through the records of your child and collect expert evidence to back your claim.

Based on the circumstances, your Erb's palsy lawyer will either make a deal or take the case to trial. A settlement usually provides quicker access to compensation than a trial could. However, it is not certain that your family will receive a fair amount of settlement. Your attorney will do everything possible to ensure you receive the highest amount of compensation.

Filing a Lawsuit

The procedure for filing a lawsuit differs by state, but in general an attorney will look over the case's details and the facts as part of an evaluation of the legal situation for free. They will then inform the client if they have an issue.

If a claim is deemed to be viable, the lawyer will mail the doctor an order letter requesting financial compensation. The amount sought will be based on the severity of the injuries and the cost to treat. 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, families will receive financial compensation for the treatment of their child. They also will help others avoid suffering the same fate by the healthcare professionals held accountable for their negligence.

Two teams of lawyers will present arguments on behalf of clients in a lawsuit. They will try to convince jurors or judges that their client's healthcare professional acted reasonably and appropriately, whereas the lawyer representing the defendant will argue that they did not. If a settlement is not reached, the case will go to trial. The duration of a trial will be determined by how much evidence is presented and the difficulty of the case. The majority of cases are settled out of court. A trial can take a long time and may not result in a settlement for the plaintiff if the judge or jury are not in agreement with their argument.

Mediation

When a child is born with Erb's Palsy parents are faced with an entire life of medical expenses and other expenses. These costs can quickly add over time and put financial stress on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is a problem with the brachial plexus nerves, which originate through the spinal cord into the neck and into the arm. These nerves can be injured in different ways such as excessive pulling on the baby's shoulders and head during delivery. Erb's palsy can also result from the use of forceps during birth. During a delivery physician may pull too hard or stretch the shoulder to remove it from the birth canal and cause damage to the brachial plexus.

Some infants' shoulders become stuck behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In such cases the doctor might attempt to free the baby's shoulder by pulling harder on the head and shoulders or by using forceps. This could cause overstretching of the brachial nerves and cause Erb's palsy. It is possible for a physician to recognize risk factors that may cause shoulder dystocia, and take preventative measures. When a doctor fails to do so, they can be held liable for an Erb's palsy claim.

To prove that there was a malpractice in a lawsuit, plaintiffs must prove that the defendant's deviance from accepted practices proximately led to the injury. Defendants often argue that there are no other causes for the shoulder dystocia, including issues with the baby's posture or intrauterine malformations.