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Erb's Palsy Attorneys

Parents of children who suffer from Erb's palsy are often worried about whether medical negligence was responsible for the condition of their child. The injury can result from excessive pulling on a bundle of nerves located in the shoulders known as the brachial complex.

An experienced lawyer can assist victims to receive financial compensation. Settlements may pay for therapy, surgery, and future medical care.

Compensation

It can be costly to care for and raise a child with Erb's palsy. A lawyer can help families receive the compensation needed to cover these expenses. This includes money to pay for medical expenses, physical and occupational therapy, adaptive devices, emotional support and other expenses.

A successful lawsuit can also make medical professionals accountable for their mistakes. This can prevent them from making the same mistakes again in the future. Legal action can provide families with the sense of justice and closure when their child's entire life has been altered by a birth injury.

If a baby is afflicted with an injury to the brachial plexus nerves during delivery, it can cause Erb's palsy. These injuries result from excessive stretching or pulling of the baby's head and shoulders during delivery. This can be caused by the improper use of tools during labor like forceps or a vacuum extractor or when doctors try to treat issues by pushing on the baby's shoulder.

If a doctor doesn't adequately prepare for and manage complications during birth, it could result in an Erb's palsy lawsuit. An attorney can help make the process as smooth as possible for the family. They can gather hospital records, witness testimony, and more to create a strong case on the family's behalf. They can also negotiate a fair settlement with the other party.

Statute of limitations

Families are legally required to file a lawsuit within a specific time frame after their child was injured. The time limit for filing a lawsuit may differ by state. Kansas for instance, requires families to submit a claim within two years of the birth of a child who was injured. Some states have longer deadlines, and it is important to consult with a reputable Erb's palsy attorney as soon as possible to ensure that your family can file a claim within the required timeframe.

Your legal team will submit a complaint to the parties responsible for your child's Erb's palsy. Your doctors, including your obstetrician, could be named as defendants along with the hospital where the incident occurred. During the discovery process, your lawyers will gather evidence to prove that medical malpractice occurred and to prove that the injuries were prevented. They will review your child's medical records and gather expert witness testimony to support your case.

Based on the circumstances, your Erb's palsy lawyer will either reach a settlement or go to the case to trial. A settlement usually provides quicker access to compensation than a trial would. However, it is not certain that your family will receive a fair amount of settlement. Your attorney will strive to get the highest settlement amount that you can get.

Filing a Lawsuit

The process for filing a lawsuit varies by state, but generally, an attorney will look over the case's details and facts as part an assessment of legal rights for free. The attorney will tell the client if they have a case that is valid.

If the lawyer is convinced that the claim is valid the lawyer will send an email to the doctor asking for Erb's Palsy compensation. The amount of compensation requested will depend on the severity of the injuries as well as the cost of treatment. Most Erb's palsy attorneys will recommend settling out of court to accelerate the process and avoid a lengthy trial.

The lawsuits that succeed will be able to award families financial compensation to pay for their child's treatment. They can also prevent other children from suffering the same fate, by holding healthcare professionals responsible for their negligence.

Two teams of lawyers will present arguments on behalf of clients in an action. They will attempt to convince a judge or jury the healthcare provider of their client acted properly and in a fair manner, while the lawyers of the defendant will argue against. If a settlement cannot be reached, the case will be put to trial. The length of the trial depends on the amount of evidence provided and the degree of complexity. However, the majority of cases are settled out of court. This is because trials can add a significant amount of time to the legal process, and could result in no settlement if the judge or jury does not support the plaintiff's case.

Mediation

If a child is born with erb's palsy (www.healthndream.com) the parents face an entire life of medical expenses and other expenses. These costs can quickly add in the future and put financial pressure on a family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The cause of Erb's palsy is the damage to the brachial-plexus nerves that run from the spinal cord down the neck and into the arm. These nerves are susceptible to injury in a variety of ways that include excessive pulling on the baby's shoulders and head during the birth. Erb's palsy can be caused by use of forceps in delivery. When delivering one may feel a doctor pull too hard or extend the shoulder to release it from the birth canal, causing damage to the brachial plexus.

Shoulder dystocia occurs when a baby's shoulders are entrapped behind the cervical cervix of the mother. In these instances the doctor might attempt to free the infant's shoulders by pulling harder on the head and shoulders or by 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 physician 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 the accepted practice directly caused the injury. Defendants will often claim that shoulder dystocia is caused by unrelated factors, such as a change of the baby's posture or intrauterine malformations.