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erb's palsy law firm st joseph of children who suffer from Erb's Palsy often worry about whether medical negligence was responsible for the condition of their child. The injury could be caused by excessive pulling on a bundle of nerves located in the shoulders called the brachial plexus. An experienced lawyer can help victims to receive financial compensation. Settlements could cover the cost of surgery, therapy, or future medical expenses. Compensation It can be costly to raise and care a child who has Erb's Palsy. A lawyer can help families receive the compensation they require to pay for these costs. This includes money for medical expenses, physical and occupational therapy, adaptive devices, emotional support and many other costs. A successful lawsuit may also be able to hold negligent medical professionals accountable. This will stop them from repeating the same mistakes again in the future. Legal action can give families a a sense justice and closure after their child's life has been turned upside down due to a birth injury. Erb's Palsy can occur when babies are injured by the brachial-plexus nerves during being delivered. These injuries are usually caused due to excessive pulling or stretching of the baby's neck and shoulders during delivery. This can be due to inexperienced use of labor tools, such as the forceps or vacuum extractor or when doctors attempt to fix complications by pushing on the baby's shoulder. Erb's palsy lawsuits can be filed if a doctor does not properly prepare and deal with complications that could arise during childbirth. An attorney can work to make the process as painless as is possible for the family. They can collect medical records and witness statements to make an argument for the benefit of the family. They can also negotiate with the opposing side to negotiate an acceptable settlement. Statute of Limitations Families are required by law to file a lawsuit within the time frame specified after their child is injured. State-specific statutes of limitations can vary. Kansas is an example. It requires a family to file a claim within two years after the birth of their injured child. Some states have extended deadlines. It is important to seek out a reputable Erb's palsy lawyer as soon as you can to ensure that your family will be able to file their claim within the proper time frame. Your legal team will make a complaint against the people responsible for your child's Erb's Palsy. The defendants could include your obstetrician as well as other medical professionals, as well as the hospital where the injury occurred. During the discovery phase, your attorneys will collect evidence to prove that there an error in medical care and that the injuries could have been prevented. They will review the medical records of your child and gather expert testimony from witnesses to support your case. Depending on the situation the Erb's lawyer will either negotiate a settlement or take the case to trial. Settlements typically allow compensation to be paid out faster than a court trial. However, it is not certain that your family will get a fair settlement. Your lawyer will work hard to reach the maximum settlement amount that you can get. Filing a Lawsuit The process of filing a lawsuit varies by state, but it typically begins with an attorney looking over the case's details and facts in a free legal case evaluation. They will then advise the client whether or not they have a case. If the lawyer believes that the claim is meritorious, he will send a letter to the doctor asking for compensation. The amount requested will be based on the severity of the injury and what they will cost to treat. Most Erb's palsy lawyers will suggest settling out of court to accelerate the process. Lawsuits that are successful will give families financial compensation to pay for the treatment of their child. By demanding that healthcare professionals be held accountable for their mistakes They will also keep future children from suffering the same fate. A lawsuit will consist of two lawyers who argue on behalf of their clients. They will attempt to convince a judge or jury their client's healthcare provider acted appropriately and reasonably, while the lawyers representing the defendant will argue that. The case will be argued when a settlement isn't reached. The duration of a trial will be determined by the amount of evidence that is presented and the complexity of the case. However the majority of cases are settled out of court. A trial can take a long time and result in no compensation for the plaintiff in the event that the jury or the judge are not in agreement with their argument. Mediation Parents of a child who was born with Erb's Palsy will have to pay for medical treatment throughout their life. These expenses can quickly pile up and place financial strain on families. Brooklyn Erb's Palsy lawyers can assist parents to seek an equitable amount of compensation. The root of Erb's Palsy is damage to the brachial-plexus nerves which extend from the spinal cord down the neck, and eventually into the arm. These nerves can become injured in many ways, including when you pull too hard on your baby's head and shoulders during the birth. Erb's palsy can also result from the forceps used during delivery. When delivering, a doctor might pull too hard or stretch the shoulder to dislodge it from the birth canal and cause damage to the brachial plexus. Some babies' shoulders become lodged behind the mother's cervix in vaginal delivery (shoulder dystocia). In these instances the doctor might attempt to remove the shoulder by pulling on the shoulders or head or using forceps. This can trigger Erb's – Palsy by stretching the brachial nerves. A doctor should be able to recognize the risk factors for shoulder dystocia, and take preventative measures. When a doctor fails to do so, they can be held accountable for an Erb's Palsy claim. To prove malpractice in a lawsuit, plaintiffs must prove that the defendant's deviation from accepted practices proximately led to the injury. Defendants often argue that there were no underlying causes for the shoulder dystocia, including issues with the baby's posture or intrauterine malformations.