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Erb's Palsy Attorneys Parents of children who suffer from Erb's palsy often have questions about whether medical negligence was a factor in the child's condition. This injury can result from excessive pulling on a bundle of nerves in the shoulder called the brachial plexus. An experienced lawyer can help victims receive financial compensation. A settlement may cover future medical treatment as well as therapy and surgery. Compensation It can be expensive to raise and care for children with Erb's palsy. A lawyer can help families receive the money they require to pay for these costs. This includes money to pay for medical expenses, physical and occupation therapy and adaptive devices, emotional support and many other costs. A successful lawsuit can also make medical professionals accountable for their mistakes. This will help them avoid making the same mistake in the future. Legal actions can give families a satisfaction and closure for the child's life has been turned upside down due to a birth injury. When a baby suffers an injury to the brachial plexus nerves during birth, it can result in Erb's palsy. These injuries are usually caused due to excessive pulling or stretching of the baby's shoulders and head during labor. This can be due to inexperienced use of labor tools like forceps or a vacuum extractor or when doctors try to treat issues by pushing on the baby's shoulder. Erb's palsy lawsuits can be filed if a doctor does not properly prepare and handle complications that may arise during the birth of a child. An attorney can make the process as smooth as is possible for the family. They can collect hospital documents, witness statements, and more to build a strong case on the family's behalf. They can also negotiate an equitable settlement with the other party. Statute of limitations Families are legally required to file a lawsuit in the time frame specified after their child is injured. The statute of limitations can differ by state. Kansas is an example. It requires families to file a claim within two years from the birth of their child who has been injured. Some states have longer deadlines, and it is important to speak with a reputable Erb's Palsy attorney as soon as possible in order to ensure your family can file an appropriate claim within the timeframe. Your legal team will bring a lawsuit against those responsible for your child's Erb's syndrome. The defendants could include your obstetrician, other medical professionals, and the hospital where the injury occurred. During the discovery phase, your attorney will collect evidence to prove that there an error in medical care and that the injuries could have been avoided. They will look through your child's records and gather expert evidence to back your claim. Based on your particular situation your Erb's friend's lawyer can settle the case or take the case to trial. Settlements usually allow compensation to be paid out faster than an appeal in court. It is not certain that the amount of settlement will be fair to your family. Your lawyer will work hard to reach the maximum amount of compensation that is possible. Filing an action The process of filing a lawsuit is different for each state, but it generally begins with an attorney reviewing the details of the case and the facts during a free legal evaluation. The attorney will tell the client whether they have a valid case. If erb's palsy lawsuit houston can be made, the lawyer will 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 as well as the expense to treat them. The majority of Erb's Palsy lawyers recommend that you settle your case out of court to speed up the process. A successful lawsuit will provide families with the financial compensation they need to pay for their child's treatment. They also will help others avoid suffering the same fate by making healthcare professionals accountable for their negligence. A lawsuit will comprise two lawyers who argue on behalf of their clients. They will attempt to persuade jurors or judges that their client's healthcare provider did the right thing and in a reasonable manner, whereas the lawyer representing the defendant will argue that they did not. If a settlement cannot be reached, the case will be put to trial. The length of the trial depends on the amount of evidence offered and the complexity. Most cases are settled out of court. A trial can be lengthy and may not result in a settlement 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 be required to pay for medical treatment throughout their life. These costs can quickly add up and place a financial burden on the family. Brooklyn Erb's Palsy lawyers can help parents obtain fair compensation. The root cause of Erb's syndrome is the damage to the brachial plexus nerves, which extend from the spinal cord through the neck before reaching the arm. These nerves are susceptible to injury in a variety of ways, such as by pulling too hard on the baby's shoulders and head during the birth. Erb's Palsy may be caused by the forceps used during delivery. During a delivery physician may pull too hard or extend the shoulder to release it from the birth canal and cause damage to the brachial plexus. Some infants' shoulders become stuck behind the mother's cervical region during the vaginal birth process (shoulder dystocia). In these situations the doctor may attempt to get rid of the shoulder by pulling on the head or shoulders harder or by using forceps. This can cause Erb's Palsy by stretching the brachial nerves. A doctor can recognize risk factors for shoulder dystocia, and take preventative measures. A doctor who fails to do this could be held responsible for the claims of Erb's palsy. Plaintiffs must prove that the defendant's deviation from the accepted procedure caused the injury in order to prove malpractice. The defendants will often argue that shoulder dystocia is caused by a variety of unrelated factors, like abnormalities of the baby's position, or intrauterine malformations.