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Erb's Palsy Settlement

Erb's palsy happens when the brachial plexus nerve bundle is stretched or torn during delivery. The injury could be caused through medical negligence or a complicated birth.

Most lawsuits end in a settlement rather than going to trial. However, the process may differ greatly from case to case.

The Statute of Limitations

An Erb's palsy settlement is possible for children suffering from injuries to the brachial canal, which extends from the spine to the neck and down the arm. This nerve bundle is responsible for movement and sensation in the fingers, hands and shoulder. It's usually caused by medical mistakes during labor and delivery. For example, a doctor may have used too much force while delivery of the baby or delivered the head before the shoulders were fully delivered.

A medical malpractice lawsuit for this type of injury can result in a large payout especially in cases where the injuries have permanent consequences. It is essential to choose an experienced lawyer in your corner. A quality Erb's palsy/brachial plexus birth injury lawyer will have the ability to collect medical records and consult with medical experts who can support your case.

The statute of limitations varies by state and by the type of legal claim. In general, however you are allowed to file a lawsuit for up to two years from the date on which your child was diagnosed to bring a lawsuit. The lawyer you consult with can provide guidance on your situation and an estimated timeframe.

A recent case illustrates the importance of having a seasoned attorney by your side in an action for medical malpractice. RY was suffering from a serious case of Grade 1 Erb's palsy which is a severance of nerves that run through the upper part of his right arm. This was due to a series of mistakes made by medical staff at Royal Berkshire Hospital during his delivery and treatment, including the use excessive force and the ineffective treatment of the emergency complication known as shoulder dystocia.

Arbitration or Mediation

The first step is to talk with an experienced attorney. erb's palsy lawyers Palsy lawsuits are complex, and it is best to consult with an attorney prior to proceeding. In many cases, attorneys will start with a free consultation.

Most Erb's palsy lawsuits are resolved outside of court. An experienced lawyer can help you receive the compensation you deserve, without the hassle of a court trial. During mediation, both sides present their arguments and evidence. This could include medical records and personal accounts of witnesses. If the doctors cannot reach an agreement, the case will go to trial.

A jury or judge will listen to both sides and determine the winner. The winning party will be awarded a settlement intended to satisfy both sides.

You could qualify to receive financial assistance if decide to go to mediation. This can cover the cost of therapy, adaptive equipment and ongoing treatments. The compensation you receive can also help with other expenses including the loss of earnings and emotional trauma. Additionally, it could help secure your child's future. Your lawyer can explain your options and help you choose the right option for your family. The more information you have more you know, the better chance of a successful outcome.

A complaint to the court

If a child suffers from erb's palsy because of an error in the medical system during birth, a family can pursue a lawsuit seeking compensation. A New York birth injury lawyer will be able to explain the procedure to you and will fight for a settlement as high as possible. The damages could include expenses for physical therapy, rehabilitation and hospital costs, future expenses for in-home care, special medical equipment, lost wages, past and future pain and suffering, and more.

Typical Erb's palsy cases involve medical errors that occur during vaginal delivery or C-section delivery. Doctors may pull too hard when trying to deliver babies. Doctors may also employ forceps, vacuum extractors or other tools incorrectly. This could put excessive pressure on the infant's head and shoulder, causing an injury referred to as shoulder dystocia.

Both gestational diabetes and breech births increase the risk of injuries during delivery. These women typically have babies that are larger than typical, which could put additional stress on shoulders and arms.

The first step in filing a lawsuit is sending an order letter to the defendant doctor or hospital. The letter should include information about your child's injuries, and the way you believe negligence occurred. The defendant then has 30 days to reply and then begin the discovery process. Your attorney will request expert witness testimony, medical records and so on.

Settlement

A settlement is the amount of money that a family receives from a hospital, doctor or other medical professional following the filing of a lawsuit for errors that led to a child's Erb's palsy. This money is used to cover costs such as treatment, therapy, adaptive equipment for the home and school, and more.

Most Erb's palsy settlements are done outside of court. This is a more efficient way to settle cases and eliminates the possibility of a jury's decision being overturned in appeal. Families can also seek compensation quicker than if their case went to trial.

Erb's Palsy is a condition that occurs when a baby's shoulders get stuck on the mother's pelvic bone or their arms become stretched too much during birth. This can happen in both a vaginal and a C-section. It is more frequent when doctors aren't careful and attempt to deliver a baby who is too big for the pelvic bone of the mother, or is being presented as a Breech birth (feet-first).

You should seek out a lawyer immediately if you suspect medical malpractice at the birth of your child. A lawyer who specializes on birth injury cases will have the expertise and knowledge necessary to file your child's claim properly. Contact Hampton & King to schedule a consultation with a skilled Erb's palsy lawyer.