Erb's Palsy Attorneys

Parents of children with Erb's Palsy are often concerned about whether medical negligence caused the condition of their child. The injury can be caused by excessive pulling on a ring of nerves in the shoulders called the brachial plexus.

An experienced lawyer can help victims receive financial compensation. Settlements may pay for treatments, surgeries, and future medical expenses.

Compensation

It can be costly to care for and raise a child with Erb's palsy. A lawyer can assist families receive the money they need to cover these costs. This includes money to pay for medical expenses, physical and occupation therapy and adaptive devices, emotional support, and many other costs.

A successful lawsuit can also bring medical professionals who were negligent to blame. This can help them avoid making similar mistakes in the future. In the event of legal action, it can provide families with a sense of peace and closure after having have witnessed their child's life turned upside down due to a birth injury.

If a newborn suffers an injury to the brachial plexus nerves during delivery, it can cause Erb's palsy. These injuries are typically caused by excessive stretching or pulling of the baby's head and shoulders during the birth. This could be due to inadequate use of labor tools like forceps or a vacuum extractor, or it may occur when doctors try to treat issues by pushing on the baby's shoulder.

When a doctor does not adequately prepare for and manage complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can help make the process as simple as possible for the family. They can gather hospital records as well as witness statements to make an argument that is strong on behalf of the family. They can also negotiate with the opposing side to negotiate an acceptable settlement.

Statute of Limitations

The law obliges families to make a claim within a certain time frame after their child's injury. State-specific statutes of limitations can vary. Kansas, for example, requires families to file a claim within two years of the birth of their child who was injured. Some states have longer deadlines and it is imperative to talk with a reputable Erb's palsy attorney as soon as possible to ensure your family can file an appropriate claim within the window.

Your legal team will bring a lawsuit against those responsible for your child's prescott valley erb's palsy lawsuit palsy. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery process, your attorneys will gather evidence to prove that there was medical malpractice and that the injuries were avoidable. They will go through the medical records of your child and gather expert witness testimony to prove your case.

Based on the circumstances, your Erb's palsy lawyer will either negotiate a settlement or take the case to trial. A settlement usually allows for the payment to be made faster than the time required for a court trial. It isn't certain that the amount of settlement will be fair to you and your family. Your lawyer will work hard to secure the highest settlement amount that you can get.

Filing a Lawsuit

The process of filing a lawsuit varies by state, but it typically begins with an attorney reviewing the case's details and specifics during a free legal case assessment. The lawyer will inform the client if they have a valid case.

If a claim is deemed to be viable, the lawyer will mail the doctor a demand letter asking for financial compensation. The amount of money requested will depend on the degree of the injury and Erb's Palsy the cost of treating them. Most Erb's palsy attorneys will suggest settling outside of court to accelerate the process and avoid a lengthy trial.

If the lawsuit is successful, the families will be awarded financial compensation for the care of their child. They will also keep other children from suffering the same fate as they did by the healthcare professionals held accountable for their negligence.

A lawsuit will include two teams of lawyers who argue on behalf of their clients. They will attempt to convince a judge or jury the healthcare provider for their client acted properly and in a fair manner, while the lawyers representing the defendant will argue against. The case will go to trial should a settlement not be reached. The length of a trial depends on the amount of evidence presented and the degree of complexity. 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 do not agree with their argument.

Mediation

If a child is born with Erb's Palsy, their parents face a lifetime of medical bills and other expenses. These costs can quickly add up and put financial pressure on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers.

The cause of Erb's palsy is a problem with the brachial plexus nerves which run from the spinal cord down the neck before reaching the arm. These nerves can be injured in a variety of ways, such as by pulling too hard on the baby's head and shoulders during delivery. Erb's Palsy can also result from the use of forceps during birth. 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.

Shoulder dystocia occurs when a baby's shoulders get caught behind the mother's cervical cervix. In these cases, the doctor may try to get rid of the shoulder by pulling on the shoulders or head or by using forceps. This could cause overstretching of the brachial plexus nerves, which can cause fairview erb's palsy lawyer palsy. It is possible for a doctor to detect risk factors that could lead to shoulder dystocia and take preventative measures. If a physician fails to do so and is found to be negligent, they could be held responsible for an Erb's palsy claim.

To prove that there was a malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's departure from accepted practice proximately caused the injury. The defendants often claim that there were no underlying causes for the shoulder dystocia, including problems with the baby's posture or intrauterine malformations.