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Erb's Palsy Attorneys Parents whose children develop Erb's palsy often have questions about whether medical negligence was a factor 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 lawyer can help victims receive financial compensation. Settlements can cover future medical expenses, therapy, and surgery. Compensation It can cost a lot to raise and care for a child with Erb's palsy. A lawyer can help families receive the compensation they require to pay for these costs. This includes money to cover medical expenses, physical and occupational therapy as well as adaptive devices, emotional support and other expenses. A successful lawsuit could also be able to hold negligent medical professionals accountable. This can prevent them from making the same mistake again in the future. In the event of legal action, it can give families a sense peace and closure after having had their child's world turned upside down by an injury to their birth. Erb's Palsy can occur when babies are injured by the brachial-plexus nerves while being born. These injuries are typically caused by excessive pulling or stretching of the baby's neck and shoulders during labor. This can be caused by the incorrect use of tools, such as vacuum extractors or forceps during labor. It may also occur when doctors press on the baby's shoulders to treat any complications. When a doctor does not properly prepare for and handle complications during birth, it can cause an Erb's palsy lawsuit. An attorney can make the process as easy as possible for the family. They can collect hospital records, witness statements and much more to make a strong case on the behalf of the family. They can also negotiate with the opposing side to reach an acceptable settlement. Statute of Limitations Families are legally required to file a lawsuit in a specific time frame after their child is injured. The time frame for filing a lawsuit can differ from state to state. Kansas for instance, requires families to file a claim within two years after the birth of their child injured. Some states have longer deadlines and it is essential to consult with an experienced Erb's palsy attorney as soon as you can in order to ensure your family can file a claim within the required window. erb's palsy lawyer temecula will file an official complaint against those who are responsible for your child's Erb palsy. Your doctor and other medical professionals could be named as defendants, along with the hospital where the injury took place. During the discovery process, your lawyers will collect evidence to show medical malpractice and that the injuries were preventable. They will search through your child's medical records and gather expert testimony to back your case. Your Erb's Palsy attorney will negotiate the settlement of your specific situation or bring the case to the court. Settlements typically allow the payment to be made faster than the time required for a court trial. However, it is not certain that your family will receive a fair settlement amount. Your lawyer will do all he can to secure the maximum compensation. Filing a Lawsuit The process for filing a lawsuit is different according to the state, however in general an attorney will look over the case's details and facts as part a free legal evaluation. They will then inform the client if they have a case. If the lawyer believes that a claim is legitimate then he will send an email to the doctor requesting compensation. The amount sought will be based on the severity of the injuries and what they will cost to treat. Most Erb's palsy lawyers will recommend that you settle out of court in order to accelerate the process. If the lawsuit is successful, families will be awarded financial compensation for the care of their child. By holding healthcare professionals accountable for their errors, they will also help prevent future children from suffering the exact same fate. Two teams of lawyers will argue on behalf of clients in the course of a lawsuit. They will attempt to convince a judge or jury the healthcare provider of their client acted in a reasonable and ethical manner, whereas the lawyers of the defendant will argue that. If a settlement cannot be reached, the case will go to trial. The length of the trial will depend on how much evidence is provided and the difficulty of the case. Most cases are settled outside of court. A trial could take a long time and result in no compensation for the plaintiff in the event that the judge or jury are not in agreement with their arguments. Mediation Parents of a child who was born with Erb’s Palsy will have to pay for medical bills throughout their life. These expenses can quickly mount 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 which run from the spine and neck into the arm is the cause of Erb’s palsy. The nerves can be injured through a variety ways, for example, by pulling too hard on the baby's shoulders and head during the birth. Erb's Palsy can be caused by the use of forceps during the delivery. During delivery, the doctor might pull or stretch the shoulder too hard to take it out of the birth canal. This can cause damage to the brachialplexus. Shoulder dystocia is when a baby's shoulders are entrapped behind the mother's cervical cervix. In these instances the doctor may attempt to free the baby's shoulder by pulling more forcefully on the shoulders and head or using forceps. This could cause overstretching of the brachial plexus nerves and cause Erb's palsy. It is possible for a doctor identify risk factors that could cause shoulder dystocia and take preventative measures. If a physician fails to take this action and is found to be negligent, they could be held liable for an Erb's-related palsy claim. In order to prove the malpractice in a lawsuit, plaintiffs must prove that the defendant's deviance from the accepted procedure proximately caused the injury. Defendants often claim that there were other causes of the child's shoulder dystocia, for example problems with the baby's posture or intrauterine malformations.