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Erb's Palsy Attorneys Parents of children with Erb's Palsy often worry about whether medical negligence was the cause of the condition of their child. This injury could result due to excessive pulling on the brachial-plexus, which is a bundle of shoulder nerves. An experienced attorney can help victims receive financial compensation. Settlements can cover treatments, surgeries, and future medical expenses. Compensation It can be expensive to care for and raise a child who has Erb's Palsy. An attorney can assist families receive the compensation needed to pay for these expenses. This includes money for medical expenses, physical and occupational therapy, adaptive devices and emotional assistance. A successful lawsuit could hold negligent medical professionals responsible. This can prevent them from making the same mistake in the future. Taking legal action can give families a sense of justice and closure 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 can be caused by excessive stretching or pulling of the baby's neck and shoulders during the delivery. This can be due to the improper use of labor tools, such as the vacuum extractor or forceps or when doctors try to resolve problems by pushing on the baby's shoulder. When a doctor does not adequately prepare for and manage complications during the birth process, it can cause an Erb's palsy lawsuit. An attorney can assist in making the process as easy as possible for the family. They can gather the hospital records and witness statements to build an argument for the benefit of the family. They can also negotiate with the opposing side to reach an acceptable settlement. Statute of Limitations Families are required by law to file a lawsuit within a certain time frame after their child has been injured. The time limit for filing a lawsuit may differ from state to state. Kansas is one example. It requires that a family file a claim within two years after the birth of a child injured. Certain states have longer deadlines and it is essential to talk with a reputable Erb's Palsy attorney as soon as possible to ensure that your family is able to file a claim within the required timeframe. Your legal team will file a formal complaint against the parties who are responsible for your child's Erb palsy. Your doctor and other medical professionals could be named as defendants and the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to prove that there medical malpractice occurred and that the injuries could have been avoided. They will review the records of your child and collect expert testimony to support your claim. Your Erb's Palsy attorney will negotiate a settlement based on your specific situation or bring the case to the court. Settlements typically provide faster access to compensation than a trial could. It is not guaranteed that the settlement amount will be fair to you and your family. Your attorney will strive to obtain the highest compensation award possible. Filing a Lawsuit The process of filing a lawsuit is different for each state, but it usually begins with an attorney looking over the case details and facts in a free legal case evaluation. They will then advise the client whether or not they have an issue. If a claim is deemed to be viable the lawyer will then send the doctor an demand letter in order to request financial compensation. The amount of compensation demanded will depend on the severity of the injuries and the expense to treat them. The majority of Erb's friendsy attorneys recommend settling out of court to expedite the process and avoid lengthy trials. The lawsuits that succeed will award families with cash compensation to pay for their child's treatment. They will also help keep other children from suffering the same fate, by requiring healthcare professionals to be held accountable for their negligence. A lawsuit will involve two teams of lawyers who argue on behalf of their clients. They will attempt to convince a jury or judge the healthcare provider for their client acted appropriately and reasonably, while the lawyers of the defendant will argue otherwise. The case will go to trial when a settlement isn't reached. The length of the trial will be determined by how much evidence is provided and the complexity of the case. However, the majority of cases settle out of court. A trial can take a long time and result in no compensation for the plaintiff in the event that the judge or jury do not agree with their arguments. Mediation Parents of children born with Erb's Palsy will be required to pay for medical treatment throughout their life. The costs can quickly add in the future and put financial pressure on a family. Parents can seek fair compensation working with Brooklyn Erb's Palsy attorneys. Damage to the brachial nerves that run from the spine and neck and into the arm is the reason Erb's syndrome. The nerves can be injured in a variety of ways, such as through excessive pulling on the baby's shoulders and head during the birth. Erb's palsy may also result from the use of forceps during birth. During delivery, the doctor may pull or stretch the shoulder too hard to take it out of the birth canal. This could cause damage to the brachialplexus. Shoulder dystocia occurs when a baby's shoulders get stuck behind the cervical cervix of the mother. In such cases, the doctor might try to free the infant's shoulder by pulling harder on the shoulders and head or using forceps. This can cause strain on the brachial plexus nerves and cause Erb's palsy. A doctor can identify the risk factors for shoulder dystocia and take preventative measures. If erb's palsy attorneys clovis fails to do this could be held responsible for the claims of Erb's palsy. To prove that there was a malpractice in a lawsuit, plaintiffs must demonstrate that the defendant's deviance from the accepted procedure proximately caused the injury. Defendants will often claim that shoulder dystocia is caused by a variety of unrelated causes, such as the abnormality of the baby's position, or intrauterine malformations.