Erb's Palsy Attorneys
Parents whose children develop Erb's syndrome often have questions about whether medical negligence played a role in their child's condition. This injury can be caused due to excessive pulling on the brachial-plexus, a bundle of shoulder nerves.
An experienced lawyer can help victims to receive financial compensation. Settlements could cover treatment, surgery, or future medical treatment.
Compensation
It can be expensive to raise and care for the child with Erb's syndrome. A lawyer can help families receive the money they require to pay for the costs. This can include money to cover medical costs, physical and occupational therapy as well as adaptive devices, emotional support, and other costs.
A successful lawsuit may also bring medical professionals who have been negligent to account. This can prevent them from making similar mistakes in the future. Legal action can provide families with a sense justice and closure after the child's life has been altered by birth injuries.
If a newborn suffers an injury to the brachial plexus nerves during delivery, it can cause Erb's palsy. These injuries can be caused by excessive stretching or pulling of the baby's neck and shoulders during labor. This can be caused by improper use of tools during labor like a vacuum extractor or forceps or when doctors attempt to fix issues by pressing on the baby's shoulder.
If a physician fails to properly prepare and manage complications during birth, it could result in an Erb's Palsy lawsuit. An attorney can make the process as easy as possible for the family. They can gather the hospital records and witness statements to create a convincing argument on behalf of the family. They can also negotiate an acceptable settlement with the other party.
Statute of Limitations
Families are legally required to file a lawsuit in a certain time frame after their child was injured. The time limit for filing a lawsuit may vary from state to state. Kansas, for instance, requires that families make a claim within two years after the birth of a child who was injured. erb's palsy attorneys killeen have longer deadlines. It is imperative to consult a reputable Erb’s palsy lawyer as quickly as you can to ensure that your family will be able to file their claim within the required time frame.
Your legal team will file a complaint against the parties accountable for your child's Erb's palsy. The defendants could include your obstetrician and other medical professionals, as well as the hospital where the injury occurred. During the discovery process, your attorney will gather evidence to prove that medical malpractice occurred and that the injuries were avoidable. They will go through the records of your child and collect expert testimony to support your claim.
Depending on the situation the Erb's lawyer will either negotiate a settlement or take the case to trial. Settlements typically provide faster access to compensation than a trial would. However, it is not certain that your family will get a fair settlement. Your attorney will work diligently to get the highest settlement amount that you can get.
Filing an action
The procedure for filing a lawsuit varies by state, but generally begins with an attorney reviewing the case's details and facts during a free legal evaluation. They will then inform the client whether or not they have a case.
If the lawyer believes that the claim is valid and merits consideration, he will write a letter to the doctor requesting compensation. The amount requested will be determined by the severity of the injury and the amount they will cost to treat. Most Erb's palsy attorneys will recommend settling the case outside of court to expedite the process and avoid a lengthy trial.
Lawsuits that are successful will give families an amount of money to cover their child's treatment. By holding healthcare professionals accountable for their negligence and wrongful conduct, they will also keep future children from suffering the exact same fate.
A lawsuit will comprise two lawyers arguing on behalf of 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 and appropriately, while the lawyers of the defendant will argue that they did not. If a settlement cannot be reached, the case will go to trial. The length of a trial will depend on how much evidence is presented and the extent of the case. However the majority of cases are settled outside of court. A trial can be lengthy and may not result in a settlement for the plaintiff in the event that the jury or the judge are not in agreement with their argument.
Mediation
Parents of a child who was born with Erb's Palsy will have to pay for medical expenses throughout their life. These costs can quickly add up and create financial strain on the family. Parents can seek fair compensation by working with Brooklyn Erb's Palsy lawyers.
The root cause of Erb's syndrome is the damage to the brachial-plexus nerves which extend through the spinal cord into the neck, and eventually into the arm. The nerves can be injured in many ways, including by pulling excessively on the baby's shoulders and head during the birth. Erb's palsy can also result from the use of forceps during delivery. During the process of delivery, the doctor may pull or extend the shoulder too much to pull it out of the birth canal. This can cause damage to the brachialplexus.
Shoulder dystocia happens when a baby's shoulders become stuck behind the mother's cervical cervix. In these instances the doctor might try to get rid of the shoulder by pulling on the shoulders or head or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. It is possible for a physician recognize risk factors that can cause shoulder dystocia, and take preventative measures. If a doctor fails to do so, they can be held responsible for an Erb's Palsy claim.
Plaintiffs must prove that the defendant's deviation from accepted practice caused the injury in order to prove that there was malpractice. Defense lawyers often claim that shoulder dystocia is caused by non-related causes, such as the abnormality of the baby's position, or intrauterine malformations.