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Parents whose children develop Erb's palsy often have questions about whether medical negligence played a part in the development of their child's condition. This injury could result from excessive pulling on the brachial plexus, a swathe of shoulder nerves.

An experienced lawyer can assist victims receive financial compensation. A settlement may cover future medical treatment, 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 money they need to pay for these expenses. This includes money for medical expenses, physical and occupational therapy, adaptive devices and emotional assistance.

A successful lawsuit can also bring medical professionals who were negligent to blame. This will stop them from making the same mistakes again in the future. The legal process can provide families with a sense of closure and justice after they have seen their child's lives turned upside down by an injury at birth.

If a baby sustains an injury to the brachial plexus nerves in birth, it could cause Erb's palsy. These injuries are typically caused by excessive stretching or pulling of the baby's neck and shoulders during birth. This could be caused by improper application of tools like vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders in order to treat any complications.

Erb's Palsy lawsuits can be filed when a doctor is not prepared to handle complications that may arise during childbirth. An attorney can help make the process as painless as possible for the family. They can collect hospital records and witness statements to make a strong argument on behalf of the family. They can also negotiate with the opposing side to negotiate a fair settlement.

Statute of Limitations

Families are required by law to file a lawsuit in a certain time frame after their child has been injured. The state-specific statutes of limitation may differ. Kansas for instance, requires a family to file a case within two years of the birth of their injured child. Certain states have deadlines that are extended. It is imperative to talk with a reputable Erb's palsy lawyer as soon as possible in order to ensure that your family can file their claim within a certain time period.

Your legal team will file a formal complaint against the parties who are accountable for your child's Erb palsy. Your physician and other medical professionals could be named as defendants as well as the hospital where the injury took place. During the discovery process, your attorneys will gather evidence to show medical malpractice and also prove that the injuries were preventable. They will go through the medical records of your child and gather expert evidence to back your claim.

Your Erb's Palsy attorney will negotiate the settlement of your particular situation or take the case to court. A settlement typically allows the payment to be made faster than a court trial. However, it is not guaranteed that your family will get a fair settlement. Your attorney will be diligent to obtain the highest amount of compensation possible.

Filing a Lawsuit

The process of filing a lawsuit differs from state to state, but it generally begins with an attorney looking over the case's details and specifics during a free legal case evaluation. They will then inform the client if they have an issue.

If a claim can be made the lawyer will then send the doctor an order letter 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 palsy lawyers will recommend settling the case outside of court to speed up the process and avoid a lengthy trial.

If the lawsuit is successful, it will provide families with financial compensation to pay for the child's medical treatment. They will also help others avoid suffering the same fate by requiring healthcare professionals to be held accountable for their negligence.

A lawsuit will involve two teams of lawyers representing their clients. They will try to convince a jury or judge the healthcare provider of their client acted appropriately and reasonably, while the lawyers representing the defendant will argue otherwise. The case will be argued should a settlement not be reached. The length of the trial depends on the amount of evidence offered and the 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 jury or the judge do not agree with their arguments.

Mediation

Parents of children born with Erb's Palsy will be required to pay for medical care throughout their lives. These expenses can quickly add up and create financial strain on the family. Parents are able to seek fair compensation by working with Brooklyn Erb's Palsy attorneys.

The root of Erb's Palsy is the damage to the brachial plexus nerves which originate from the spinal cord to the neck, and eventually into the arm. These nerves can be injured in different ways such as excessive pulling on the baby's head and shoulders during delivery. Erb's Palsy may be caused by the forceps used during delivery. During a birth the doctor may pull too hard or stretch the shoulder in order to free it from the birth canal and cause damage to the brachial plexus.

Shoulder dystocia occurs when a baby's shoulders are entrapped behind the mother's cervical cervix. In these situations the doctor might try to free the shoulder by pulling on the head or shoulders harder or using forceps. This could cause Erb's palsy by stretching the brachial nerves. A doctor can recognize the risk factors for shoulder dystocia, and take preventative steps. When a doctor fails to do this and is found to be negligent, they could be held accountable for an Erb's symptotic claim.

In order to prove the malpractice in a lawsuit, Erb's palsy lawsuit plaintiffs must show that the defendant's departure from accepted practices proximately led to the injury. The defendants often claim that there were no underlying causes of the child's shoulder dystocia, for example issues with the baby's posture or intrauterine malformations.