Erb's Palsy Attorneys
Parents of children who suffer from Erb's syndrome often have questions about whether medical negligence played a role in the child's condition. The injury can result by excessive pulling on brachial plexus, a swathe of shoulder nerves.
An experienced attorney can assist victims in obtaining financial compensation. Settlements can cover treatment, surgery, or future medical treatments.
Compensation
It can be expensive to care for and raise children with Erb's palsy. An attorney can assist families receive the money they need to cover these expenses. erb's palsy attorney daly city includes money to pay for medical costs, physical and occupational therapy and adaptive devices, emotional support, and other expenses.
A successful lawsuit can also hold negligent medical professionals accountable. This can help them avoid making the same mistake in the future. In the event of legal action, it can provide families with a sense of satisfaction and closure after they have seen their child's lives turned upside-down by an injury at birth.
Erb's Palsy can occur when babies are injured by the brachial plexus nerves as they are being delivered. These injuries are typically caused by excessive stretching or pulling of the baby's neck and shoulders during labor. This can be caused by the improper use of labor tools like the forceps or vacuum extractor or when doctors attempt to solve problems by pushing on the baby's shoulder.
If a doctor fails to properly prepare for and handle complications during the birth, it may result in an Erb's Palsy lawsuit. An attorney can help make the process as stress-free as possible for the family. They can gather hospital records, witness statements and more to build a solid case on the family's behalf. They can also negotiate a fair settlement with the other party.
Statute of limitations
The law obliges families to make a claim within a certain time frame after the injury of their child. The statute of limitations can vary from state to state. Kansas, for example, requires families to file a case within two years after the birth of their child who has been injured. Some states have deadlines that are longer and it is essential to speak with an experienced Erb's palsy attorney as soon as you can to ensure that your family is able to file an claim within the proper timeframe.
Your legal team will make a complaint against those responsible for your child's condition, Erb's palsy. Your physician and other medical professionals could be named as defendants, and 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 prevented. They will review your child's records and gather expert testimony to support your claim.
Based on your particular situation the Erb's lawyer can make a deal or take the case to trial. A settlement usually provides quicker access to compensation than a trial could. It is not guaranteed that the amount of settlement will be fair to your family. Your attorney will do everything in his power to get you the maximum compensation.
Filing an action
The process for filing a lawsuit is different by state, but in general an attorney will analyze the case's specifics and facts as part an assessment of legal rights for free. They will then inform the client whether or not they have a case.
If a claim can be made the lawyer will then send the doctor an email requesting financial compensation. The amount of compensation requested will be determined by the extent of the injuries and the cost to treat them. The majority of Erb's friendsy attorneys suggest settling out of court to expedite the process and avoid lengthy trials.
Lawsuits that are successful will award families with an amount of money to cover the child's medical treatment. By making healthcare professionals accountable for their errors they can also prevent future children from suffering the same fate.
Two teams of lawyers will present arguments on behalf of the clients in the course of a lawsuit. They will try to convince a jury or judge that the healthcare provider of their client acted properly and in a fair manner, while the lawyers of the defendant will argue for a different position. If a settlement cannot be reached the case will be put to trial. The length of the trial will be determined by the amount of evidence presented and the difficulty of the case. The majority of cases are settled out of court. A trial can take a long time and may not result in a settlement for the plaintiff in the event that 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 life. These costs can quickly add up and put a financial strain on the family. Parents can seek fair compensation working with Brooklyn Erb's Palsy lawyers.
The root cause of Erb's syndrome is a problem with the brachial plexus nerves which originate from the spinal cord down the neck, and eventually into the arm. These nerves can be injured in a variety of ways, including by pulling too hard on the baby's head and shoulders during delivery. Erb's palsy can also be caused by the use of forceps during the delivery. During the process of delivery, the doctor might pull or stretch the shoulder too much to take it out of the birth canal. This can cause injury to the brachialplexus.
Some babies' shoulders become lodged behind the mother's cervix during the vaginal delivery process (shoulder dystocia). In these cases the doctor might attempt to free the shoulder by pulling the shoulders or head more or by using forceps. This can trigger Erb's - Palsy by stretching the brachial nerves. It is possible for a doctor identify risk factors that could cause shoulder dystocia, and take preventative measures. If a doctor does not do this could be held accountable for claims related to Erb's 'Palsy.
To establish malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviation from accepted practice proximately caused the injury. Defendants often claim that shoulder dystocia is caused by a variety of unrelated factors, like abnormalities of the baby's position or intrauterine malformations.