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Erb's Palsy Attorneys
Parents whose children develop Erb's palsy frequently have questions about whether medical negligence was the cause in the development of their child's condition. The injury can be caused by excessive pulling on a bundle of nerves in the shoulder known as the brachial nerve.
An experienced lawyer can help victims receive financial compensation. Settlements can cover the cost of surgery, therapy, or future medical treatment.
Compensation
It can cost a lot to care for and raise a child with Erb's palsy. A lawyer can help families get the money they need 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 could also be able to hold negligent medical professionals accountable. This will prevent them from repeating the same mistakes again in the future. Legal actions can give families a a sense justice and closure after their child's entire life has been turned upside down due to an injury to their birth.
If a baby is afflicted with an injury to the brachial plexus nerves in birth, it can result in Erb's palsy. These injuries are typically caused by excessive stretching or pulling of the baby's shoulders and head during the birth. It could be due to inexperienced use of tools during labor, such as the vacuum extractor or forceps or when doctors attempt to fix issues by pushing on the baby's shoulder.
When a doctor does not properly prepare and manage complications during birth, it could result in an Erb's palsy lawsuit. An attorney can help make the process as painless as possible for the family. They can gather hospital records and witness statements to create an argument that is strong on behalf of the family. They can also negotiate with the opposing side to negotiate a fair settlement.
Statute of Limitations
The law obliges families to file a lawsuit within a set time after their child's injury. The statute of limitations may differ by state. Kansas is one example. It requires that a family file a claim within two years following the birth of a child who was injured. Certain states have longer deadlines and it is essential to speak with a reputable Erb's palsy attorney as soon as possible in order to ensure your family can file an appropriate claim within the timeframe.
Your legal team will make a complaint against the people responsible for your child's Erb's palsy. Your physician and other medical professionals could be named as defendants together with the hospital in which the injury occurred. During the discovery phase, your attorney will collect evidence to prove that there was medical negligence and that the injuries could have been avoided. They will go through the medical records of your child and gather expert testimony to back your case.
Depending on your situation, your Erb's palsy lawyer can reach a settlement or go to the case to trial. A settlement typically allows compensation to be received faster than a court trial. However, it's not guaranteed that your family will receive a fair settlement amount. Your lawyer will work hard to reach the maximum amount of compensation possible.
Filing a Lawsuit
The procedure for filing a lawsuit varies from state to state, but it usually begins with an attorney reviewing the details of the case and the facts during a no-cost legal case evaluation. They will then advise the client whether or not they have a case.
If a claim is viable the lawyer will send the doctor an demand letter in order to request financial compensation. The amount of compensation demanded will be determined by the degree of the injury and the expense to treat them. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid lengthy trials.
If the lawsuit is successful, families will be awarded financial compensation for the care of their child. They will also to prevent other children from being affected by the same fate by making healthcare professionals accountable for their negligence.
A lawsuit will involve two teams of lawyers representing their clients. They will try to convince a jury or judge that their client's healthcare provider acted properly and in a fair manner, while the lawyers representing the defendant will argue that. The case will be heard when a settlement isn't reached. The length of the trial depends on the amount of evidence that is presented and the level of complexity. However most cases are settled out of court. A trial may 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 confronted with an entire lifetime of medical treatment and other expenses. The costs can quickly add up and place financial strain on the family. Parents are able to 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 Erb's palsy eventually into the arm. These nerves can be injured in different ways that include excessive pulling on the baby's shoulders and head during delivery. Erb's Palsy may be caused by forceps used during delivery. During the process of delivery, the doctor might pull or extend the shoulder too much to free it from the birth canal. This can cause damage to the brachialplexus.
Some infants' shoulders become stuck behind the mother's cervix during the vaginal birth process (shoulder dystocia). In these situations the doctor might attempt to release the shoulder by pulling the shoulders or head harder or using forceps. This can cause strain on the brachial nerves and cause Erb's palsy. It is possible for a physician to identify risk factors that could cause shoulder dystocia, and take preventative measures. When a doctor fails to do this and is found to be negligent, they could be held responsible for an Erb's palsy claim.
Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury in order to establish the malpractice. Defense lawyers often claim that shoulder dystocia is caused by non-related factors, such as abnormalities of the baby's position or intrauterine malformations.
