Erb's Palsy Attorneys
Parents of children with Erb's palsy are often worried about whether medical malpractice was the cause of the condition of their child. The injury could be caused by excessive pulling on a bundle of nerves located in the shoulders known as the brachial plexus.
An experienced attorney can assist victims receive financial compensation. Settlements may pay for treatment, surgery, or future medical expenses.
Compensation
It can be expensive to care for and raise children with Erb's palsy. An attorney can assist families receive the compensation needed to cover these expenses. This includes money to cover medical costs, physical and occupational therapy adaptation devices, emotional support and other expenses.
A successful lawsuit may 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 the sense of justice and closure for their child's entire life has been turned upside down by an injury to their birth.
If a baby is afflicted with an injury to the brachial plexus nerves in the birth process, it may cause Erb's palsy. These injuries are caused by excessive stretching or pulling of the baby's neck and shoulders during delivery. It could be due to improper use of tools during labor like the vacuum extractor or forceps or when doctors attempt to solve complications by pushing on the baby's shoulder.
If a physician fails to 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 simple as possible for the family. They can collect hospital 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 the specified timeframe after their child has been injured. The time limit for filing a lawsuit may vary from state to state. Kansas, for instance, requires families to file a claim within two years following the birth of a child who was injured. Some states have deadlines that are longer and it is essential to talk with a reputable Erb's palsy attorney as soon as you can to ensure that your family can file a claim within the required window.
Your legal team will file a formal complaint against the people who are accountable for your child's Erb palsy. Your doctors, including your obstetrician, could be named as defendants as well as the hospital where the incident occurred. During the discovery process, your attorney will gather evidence to prove medical malpractice and to prove that the injuries were preventable. They will comb through the medical records of your child and gather expert testimony from witnesses to support your case.
Your Erb's palsy attorney will negotiate a settlement based on your particular situation or take the case to court. A settlement usually provides quicker access to compensation than a trial could. It isn't certain that the settlement amount will be fair to you and your family. Your attorney will be diligent to secure the highest amount of compensation that is possible.
Filing an action
The procedure for filing a lawsuit is different according to the state, however generally, a lawyer will look over the case's details and facts as part of an evaluation of the legal situation for free. They will then inform the client whether or not they have a case.
If a claim is viable, the lawyer will send the doctor an demand letter in order to request financial compensation. The amount of compensation demanded will be determined by the severity of the injuries and the cost of treatment. Most Erb's palsy lawyers will recommend that you settle your case out of court to speed up the process.
If the lawsuit is successful, families will receive financial compensation for the treatment of their child. They will also to prevent other children from suffering the same fate as they did by requiring healthcare professionals to be held accountable for their negligence.
Two teams of lawyers will present arguments on behalf of clients in the course of a lawsuit. erb's palsy lawsuit meridian will attempt to persuade the jury or judge that their client's healthcare professional did the right thing and in a reasonable manner and appropriately, while the lawyers of the defendant will argue that they did not. The case will be argued if a settlement is not reached. The length of the trial will depend on how much evidence is provided and the complexity of the case. However the majority of cases are settled out of court. This is because trial proceedings can add significant amount of time to the legal process and may result in no compensation if a judge or jury does not agree with the plaintiff's argument.
Mediation
When a child is born with Erb's Palsy parents are confronted with an entire lifetime of medical treatment and other costs. These costs can quickly add over time and put financial stress on families. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.
The brachial nerves which run through the neck and into the arm is the root Erb's syndrome. These nerves can be injured in many ways that include excessive pulling on the baby's head and shoulders during delivery. Erb's palsy may also result from the forceps used during delivery. During the delivery, the doctor might pull or stretch the shoulder too far to free it from the birth canal. This can cause damage to the brachialplexus.
Shoulder dystocia is when a baby's shoulders become stuck behind the mother's cervical cervix. In such instances the doctor might attempt to free the infant's shoulders by pulling harder on the head and shoulders or by using forceps. This could cause Erb's palsy by stretching the brachial nerves. It is possible for a physician identify risk factors that could cause shoulder dystocia, and take preventative measures. If a doctor fails to take this step could be held accountable for Erb's Palsy claims.
Plaintiffs must prove that the defendant's aversion to accepted practice caused the injury to prove that there was malpractice. The defendants will often argue that shoulder dystocia is caused by unrelated factors, such as abnormalities of the baby's positioning or intrauterine malformations.