Children who develop Erb’s syndrome often have questions about whether medical negligence played a role in their child’s condition. This injury can result from excessive pulling on a ring of nerves that run through the shoulders known as the brachial nerve.
An experienced attorney can help victims receive financial compensation. A settlement could cover future medical treatments, therapy, and surgery.
Compensation
It can be costly to raise and care for a child with Erb’s palsy. An attorney can assist families receive the compensation needed to cover these costs. This includes funds for medical expenses, physical and occupational therapy, adaptive devices and emotional support.
A successful lawsuit could hold negligent medical professionals responsible. This can help them avoid making the same mistake in the future. In the event of legal action, it can give families a sense closure and justice after they have seen their child’s lives turned upside down by an injury to their birth.
If a baby is afflicted with an injury to the brachial plexus nerves in birth, it could cause Erb’s palsy. These injuries result from excessive stretching or pulling of the baby’s neck and shoulders during labor. This could be caused by the incorrect application of tools like vacuum extractors or forceps during labor. It can also occur when doctors press on the baby’s shoulders to help with complications.
If a doctor erb’s palsy attorney fails to adequately prepare for and manage complications during birth, it could result in an Erb’s Palsy lawsuit. An attorney can assist in making the process as easy as is possible for the family. They can gather the hospital records and witness statements to make an argument for erb’s Palsy attorney the benefit of the family. They can also negotiate a fair settlement with the other party.
Statute of limitations
The law requires families to make a claim within a certain time frame after their child’s injury. The statute of limitations may vary from state to state. Kansas is an example. It requires a family to file a case within two years after the birth of their child who has been injured. Certain states have longer deadlines. It is essential to talk with a reputable Erb’s palsy lawyer as quickly as possible in order to ensure that your family can file their claim within the required time period.
Your legal team will submit a complaint to the parties responsible for your child’s Erb’s palsy. Your physician and other medical professionals could be named as defendants, and the hospital where the injury occurred. During the discovery phase, your attorneys will gather evidence to prove that there was medical malpractice and the injuries could have been avoided. They will go through the medical records of your child and gather expert witnesses to prove your claim.
Your Erb’s Palsy attorney will negotiate the settlement of your specific situation or bring the case to the court. A settlement typically allows compensation to be paid out faster than the time required for a court trial. It isn’t guaranteed that the amount of settlement will be fair to your family. Your attorney will be diligent to obtain the highest amount of compensation possible.
Filing an action
The process to file a lawsuit varies by state, but generally, attorneys review the case details and facts as part an initial legal evaluation. The attorney will tell the client if they have a valid case.
If the lawyer believes that a claim has merit the lawyer will send an email to the doctor requesting compensation. The amount requested will be determined based on the severity of the injuries and the amount they will cost to treat. The majority of Erb’s palsy lawyers will recommend settling out of court to speed up the process and avoid a lengthy trial.
If the lawsuit is successful, it will award families with cash compensation to pay for the child’s medical treatment. By making healthcare professionals accountable for their negligence and wrongful conduct, they will also to prevent future children from suffering the same fate.
Two teams of lawyers will argue on behalf of clients in an action. They will attempt to convince a jury or judge their client’s healthcare provider acted sensibly and with a sense of fairness, while the lawyers representing the defendant will argue otherwise. If a settlement cannot be reached, the case will be put to trial. The length of the trial will depend on the amount of evidence provided and the amount of evidence presented. However, the majority of cases end up being settled out of court. This is due to the fact that trial proceedings can add significant amount of time to the legal process, and could result in no compensation for the plaintiff if the jury or judge doesn’t agree with the plaintiff’s argument.
Mediation
Parents of a child with Erb’s Palsy will be required to pay for medical bills throughout their life. These expenses can quickly pile over time and put financial stress on families. Parents can seek fair compensation by working with Brooklyn Erb’s Palsy attorneys.
Damage to the brachial nerves which run from the spine and neck to the arm is the reason Erb’s syndrome. The nerves can be injured in many ways, including by pulling too hard on the baby’s head and shoulders during delivery. Erb’s Palsy can also result from the use of forceps during birth. When delivering, a doctor might pull too hard or stretch the shoulder to remove it from the birth canal and cause damage to the brachial plexus.
Some infants’ shoulders become trapped behind the mother’s cervix in vaginal delivery (shoulder dystocia). In such instances the doctor may attempt to dislodge the infant’s shoulder by pulling more forcefully on the shoulders and head or by using forceps. This could cause overstretching of the brachial plexus nerves. This can cause Erb’s palsy. It is possible for a physician to recognize risk factors that can cause shoulder dystocia, and take preventative measures. If a doctor fails to do this and fails to do so, they could be held responsible for an Erb’s symptotic claim.
To prove that there was a malpractice in a lawsuit, plaintiffs must prove that the defendant’s departure from the accepted procedure proximately caused the injury. Defense lawyers often claim that shoulder dystocia is caused by non-related factors, such as abnormalities of the baby’s posture or intrauterine malformations.