Erb's Palsy Attorneys
Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence played a role in their child's condition. The injury can result by excessive pulling on the brachial-plexus, a bundle of shoulder nerves.
An experienced attorney can assist victims receive financial compensation. Settlements may provide future medical care or therapy as well as surgery.
Compensation
It can be costly to raise and care for a child with Erb's palsy. A lawyer can help families receive the compensation they need to cover the costs. This includes money to pay for medical expenses, physical and occupation therapy and adaptive devices, emotional support, and other expenses.
A successful lawsuit can also be able to hold negligent medical professionals accountable. This can prevent them from repeating similar mistakes in the future. Taking legal action can give families a sense of satisfaction and closure after they have witnessed their child's life turned upside down due to an injury at birth.
Erb's palsy can develop when the baby is injured by the brachial-plexus nerves when being delivered. These injuries can be caused by excessive stretching or pulling of the baby's neck and shoulders during birth. This can be due to the improper use of tools during labor like forceps or a vacuum extractor, or it may occur when doctors attempt to fix complications by pushing on the baby's shoulder.
Erb's Palsy lawsuits can be filed when a physician does not properly prepare and handle complications that may arise during childbirth. An attorney can work to make the process as simple as is possible for the family. They can gather hospital records, witness statements and more to build an effective case on behalf of the family's behalf. They can also negotiate with the opposing side to reach an equitable settlement.
Statute of Limitations
The law obliges families to make a claim within a certain time frame after the child's injury. The state-specific statutes of limitation may differ. Kansas, for example, requires a family to file a claim within two years after the birth of their child injured. Some states have longer deadlines, and it is important to talk with an experienced Erb's palsy attorney as soon as you can to ensure that your family can file a claim within the required timeframe.
Your legal team will file a complaint against the parties accountable for your child's condition, Erb's palsy. Your doctors, including your obstetrician, could be named as defendants, and the hospital where the injury took place. During the discovery phase, your attorneys will collect evidence to show that there medical malpractice occurred and that the injuries could have been avoided. They will comb through the medical records of your child and gather expert testimony from witnesses to support your case.
Based on the circumstances, your Erb's palsy lawyer may settle the case or take the case to trial. A settlement typically gives faster access to compensation than a trial would. It is not guaranteed that the amount of settlement will be fair to your family. Your lawyer will do everything in his power to ensure you receive the highest amount of compensation.
Filing a Lawsuit
The procedure for filing a lawsuit varies by state, but generally starts with an attorney reviewing the case details and facts in a free legal case evaluation. They will then advise the client whether or not they have an issue.
If the claim is valid, the lawyer will mail the doctor an demand letter in order to request financial compensation. The amount requested will be based on the severity of the injury and the cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to speed up the process and avoid a lengthy trial.
If the lawsuit is successful, families will receive monetary compensation for the care of their child. By holding healthcare professionals accountable for their negligence, they will also help to prevent future children from suffering the same fate.
A lawsuit will involve two teams of lawyers arguing on behalf their clients. They will try to convince a jury or judge that the healthcare provider who treated their client appropriately and reasonably, while the lawyers representing the defendant will argue otherwise. If a settlement cannot be reached the case will go to trial. The length of the trial depends on the amount of evidence that is presented and the degree of complexity. Most cases are settled outside of court. A trial may take a long time and result in no compensation for the plaintiff if the judge or jury are not in agreement with their argument.
Mediation
Parents of children born with Erb's Palsy will be required to pay for medical care throughout their lives. These costs are likely to increase quickly and put a financial strain on the family. Brooklyn Erb's Palsy lawyers can assist parents seek fair compensation.
The reason for Erb's palsy is damage to the brachial plexus nerves which extend through the spinal cord into the neck before reaching the arm. The nerves can be damaged in a variety of ways that include excessive pulling on the baby's head and shoulders during the birth. Erb's syndrome can also be caused by use of forceps in delivery. During the delivery, the doctor may pull or stretch the shoulder too much to take it out of the birth canal. This could cause damage to the brachialplexus.
Shoulder dystocia is when a baby's shoulders become stuck behind the cervical cervix that is her mother's. In such cases the doctor may try to free the infant's shoulders by pulling more forcefully on the head and shoulders or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. erb's palsy law firm chesapeake is possible for a doctor detect risk factors that could cause shoulder dystocia and take preventative measures. If a doctor is unable to take this action, they can be held accountable for an Erb's symptotic claim.
Plaintiffs must prove that the defendant's deviation from accepted practice caused the injury in order to establish the malpractice. Defendants often claim that shoulder dystocia is caused by unrelated factors, such as abnormalities of the baby's positioning or intrauterine malformations.