Erb's Palsy Attorneys
Parents of children with Erb's syndrome often have questions about whether medical negligence played a role in the condition of their child. The injury can result by excessive pulling on the brachial-plexus, a bundle of shoulder nerves.
A knowledgeable attorney can assist victims receive financial compensation. A settlement could cover future medical care, therapy, or surgery.
Compensation
It can be costly to care for and raise a child with Erb's palsy. A lawyer can help families get the financial aid they require to pay for the costs. This includes money for medical expenses as well as occupational and physical therapy, adaptive devices and emotional support.
A successful lawsuit could also bring medical professionals who have been negligent to account. This can help them avoid making the same mistake in the future. Legal action can give families a sense of peace and closure after having had their child's world turned upside-down by the birth injury.
Erb's Palsy may occur when a baby is injured by the brachial-plexus nerves during being delivered. These injuries can be caused by excessive stretching or pulling of the baby's shoulders and head during delivery. It could be due to improper use of labor tools like the vacuum extractor or forceps or when doctors attempt to solve issues by pushing on the baby's shoulder.
If a doctor doesn't properly prepare and manage complications during the birth process, it can result in an Erb's palsy lawsuit. An attorney can make the process as stress free as is possible for the family. They can collect medical records and witness statements to create an argument that is strong on behalf of the family. 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 has been injured. State-specific statutes of limitations can vary. Kansas for instance, requires that a family file a claim within two years of the birth of a child injured. Certain states have longer deadlines. It is important to speak with a reputable Erb's palsy lawyer as soon as you can, to ensure that your family is able to file their claim within the appropriate time period.
Your legal team will make a complaint against those responsible for your child's Erb's syndrome. The defendants could include your obstetrician and other medical professionals, and the hospital where the injury occurred. During the discovery phase, your lawyers will gather evidence to prove that there medical malpractice occurred and that the injuries could have been avoided. They will search through your child's medical records and gather expert witness testimony to prove your case.
Depending on your situation the Erb's lawyer will either negotiate a settlement or take the case to trial. A settlement usually allows for compensation to be received faster than a court trial. However, it's not certain that your family will receive a fair settlement amount. Your lawyer will work hard to secure the highest compensation award possible.
Filing an action
The process for filing a lawsuit varies by state, but generally, an attorney will review the case details and facts as part an evaluation of the legal situation for free. The lawyer will inform the client if they have a valid case.
If the lawyer is convinced that a claim is legitimate and merits consideration, he will write a letter to the doctor asking for compensation. The amount of compensation demanded will depend on the extent of the injuries and the cost of treating them. The majority of Erb's Palsy lawyers recommend that you settle out of court in order to speed up the process.
A successful lawsuit will award families with the financial compensation they need to pay for their child's treatment. They can also to prevent other children from suffering the same fate by making healthcare professionals accountable for their negligence.
A lawsuit will consist of two lawyers arguing on behalf their clients. They will try to convince a judge or jury that their client's healthcare provider did the right thing and in a reasonable manner while the defense lawyers will argue that they did not. If a settlement is not reached, the case will be put to trial. The length of the trial depends on the amount of evidence presented and the level of complexity. Most cases are settled outside of court. A trial can be lengthy and result in no compensation for the plaintiff in the event that the judge or jury do not agree with their argument.
Mediation
Parents of a child born with Erb's Palsy will be required to pay for medical expenses throughout their life. These costs can quickly mount up and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can assist parents obtain fair compensation.
The reason for Erb's palsy is the result of damage to the brachial plexus nerves, that run from the spinal cord to the neck and into the arm. These nerves are susceptible to injury in different ways, including excessive pulling on the baby's shoulders and head during delivery. Erb's palsy may also result from the forceps used during delivery. During a birth physician may pull too hard or stretch the shoulder in order to free it from the birth canal, causing damage to the brachial plexus.
Some babies' shoulders are stuck behind the mother's cervical region in vaginal delivery (shoulder dystocia). In such instances, the doctor might try to dislodge the infant's shoulder by pulling harder on the shoulders and head or by using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. erb's palsy law firm dallas is able to identify the risk factors for shoulder dystocia and take preventative measures. If a doctor is unable to do so, they can be held liable for an Erb's-related palsy claim.
To establish malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviation from the accepted practice directly caused the injury. Defense lawyers often claim that there were other causes of the child's shoulder dystocia. This could be due to anomalies in the baby's position or intrauterine malformations.
