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Erbs Palsy Attorneys Parents of children suffering from Erbs Palsy often worry about whether medical malpractice was responsible for the condition of their child The injury could result from excessive pulling on a ring of nerves that run through the shoulders called the brachial plexus A knowledgeable attorney can assist victims receive financial compensation A settlement could cover future medical treatments or therapy as well as surgery Compensation It can be costly to care for and raise a child who has Erbs Palsy An attorney can assist families receive the money they need to cover these expenses This includes money for medical expenses such as occupational and physical therapy adaptive devices and emotional assistance A successful lawsuit could also make medical professionals accountable for their negligence This can prevent them from making the same mistake in the future Legal action can give families a satisfaction and closure for the childs life has been turned upside down by a birth injury Erbs Palsy may occur when the baby is injured due to the brachial plexus nerves as they are being delivered These injuries result from excessive stretching or pulling of the babys head and shoulders during delivery This can be caused by the improper use of labor tools like a vacuum extractor or forceps or when doctors try to resolve complications by pushing on the babys shoulder Erbs palsy lawsuits can be filed when a doctor does not properly prepare and handle complications that may arise during childbirth An attorney can make the process as easy as possible for the family They can gather hospital records and witness statements to build a convincing argument 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 a specific time frame after their child is injured The statute of limitations may vary from state to state Kansas for example requires a family to file a case within two years from the birth of their child injured Certain states have longer deadlines and it is essential to talk with an experienced Erbs palsy attorney as soon as possible to ensure your family can file an appropriate claim within the window Your legal team will file a formal complaint against the parties who are responsible for your childs Erb palsy Your doctors including your obstetrician could be named as defendants together with the hospital in which the incident occurred During the discovery process your attorneys will collect evidence to prove that there was medical malpractice and also prove that the injuries were avoidable They will go through the medical records of your child and gather expert evidence to back your claim Your Erbs Palsy attorney will negotiate settlements based on your situation or bring the case to court erbs palsy lawyer santa ana provide faster access to compensation than a trial would However its not guaranteed that your family will receive a fair amount of settlement Your lawyer will do all he can to get you the maximum compensation Filing a Lawsuit The procedure for filing a lawsuit is different by state but generally a lawyer will look over the cases details and facts as part of an evaluation of the legal situation for free They will then advise the client if they have a case If a claim is deemed to be viable the lawyer will send the doctor an order letter requesting financial compensation The amount of money requested will be determined by the degree of the injury and the expense to treat them The majority of Erbs palsy lawyers will suggest settling outside of court to speed up the process and avoid a lengthy trial Lawsuits that are successful will be able to award families an amount of money to cover their childs treatment They will also prevent other children from suffering the same fate as they did by holding healthcare professionals responsible for their negligence A lawsuit will comprise two lawyers arguing on behalf of their clients They will attempt to convince a jury or judge the healthcare provider who treated their client properly and in a fair manner while the lawyers of the defendant will argue against The case will go to trial should a settlement not be reached The length of the trial will be determined by the amount of evidence that is presented and the extent of the case However the majority of cases end up being settled out of court A trial may take a long time and result in no compensation for the plaintiff if the judge or jury are not in agreement with their argument Mediation If a child is born with Erbs Palsy the parents face an entire lifetime of medical treatment and other expenses These expenses can quickly mount in the future and put financial pressure on the family Parents can seek fair compensation working with Brooklyn Erbs Palsy lawyers The root cause of Erbs syndrome is damage to the brachial nerves that run from the spinal cord through the neck and into the arm These nerves are susceptible to injury in different ways that include excessive pulling on the babys head and shoulders during delivery Erbs palsy can also be caused by the use of forceps during delivery During the process of delivery the doctor might pull or stretch the shoulder too much to remove it from the birth canal This could cause damage to the brachialplexus Some babies shoulders become lodged behind the mothers cervix during the vaginal delivery process shoulder dystocia In such cases the doctor may try to free the infants shoulders by pulling more forcefully on the shoulders and head or using forceps This can cause Erbs Palsy by stretching the brachial nerves A doctor should be able to recognize the risk factors for shoulder dystocia and take preventative measures If a doctor is unable to take this action they may be held liable for an Erbsrelated palsy claim To prove that there was a malpractice in a lawsuit plaintiffs must demonstrate that the defendants departure from accepted practices proximately led to the injury Defense lawyers often claim that shoulder dystocia is caused by nonrelated factors such as abnormalities of the babys position or intrauterine malformations
