Erb's Palsy Settlement

Erb's Palsy develops when the brachial-plexus bundle of nerves is stretched or torn at delivery. The injury could be caused by medical negligence or by an uncomplicated birth.

Most lawsuits end in a settlement and not going to trial. The procedure may vary from case to case.

The Statute of Limitations

The Erb's-Palsy settlement is possible for children who suffer from injury to the brachial canal, that runs from the spine down the neck and down the arm. The nerve bundle that runs through the neck provides motion and sensation to the shoulder, hand and fingers. Most often, it's caused by medical mistakes made during the labor and birth. For instance the doctor might have used too much force when delivering the baby, or delivered the head before the shoulders had been fully delivered.

A medical malpractice lawsuit for this issue could result in a substantial settlement, particularly in serious instances where the injury is permanent. It is essential to choose an experienced lawyer on your side. A quality Erb's palsy/brachial plexus birth injury attorney will have the resources to collect medical records and talk to medical experts to support your case.

The time period for filing a lawsuit is different by state and by the type of legal claim. In general, you have two years from the date of diagnosis for your child to make a claim. Your lawyer will be able to help you with your specific situation and give you a timeframe to file.

A recent case illustrates the importance of having an experienced attorney on your side during the event of a medical malpractice lawsuit. RY suffered from a serious case Erb's Palsy Grade 1 or severance in nerves of the upper portion of his arm. This was due to several medical mistakes committed by the Royal Berkshire Hospital staff during his birth. These included the use of excessive pressure as well as the ineffective treatment of shoulder dystocia, a life-threatening condition that can be fatal.

Mediation or Arbitration

Find a reputable attorney immediately. Erb's palsy lawsuits are complicated and it is recommended to consult an attorney before taking any action. In many cases, attorneys will begin with a free consultation.

Most Erb's palsy lawsuits are settled without a court hearing. A skilled attorney can assist you in getting the money you deserve, without the hassle of having a court trial. In the course of mediation the parties will present their arguments and evidence. This could include medical records as well as personal accounts of witnesses. If the doctors can't reach an agreement, the case will be heard in court.

A judge or jury will hear both sides and decide on the winner. The winning party will receive a settlement amount that is designed to satisfy both sides.

You could qualify for financial assistance if decide to attend mediation. This could help pay for the costs of therapy equipment, adaptive devices, and ongoing treatment. You can also use the money to pay for other expenses such as lost wages or emotional trauma. It can also ensure an assured future for your child. A lawyer can help you to understand your options and choose the best option for your family. The more information that you have, and the greater your chance of a successful outcome.

Complaints in Court

A family may claim compensation if a child develops erb's syndrome because of a medical error during birth. A New York birth injury lawyer can explain the process to you and advocate for a settlement as high as possible. Damages could include hospitalization, physical therapy and rehabilitation costs, future costs for in-home care and specialized medical equipment, as well as lost wages.

Common cases of Erb's syndrome involve medical mistakes during vaginal or C-section birth. Doctors can pull too hard when trying to deliver a baby. Doctors can use forceps or vacuum extractors or other tools incorrectly. This can put excessive pressure on the infant's shoulder and head and cause an injury known as shoulder dystocia.

Gestational diabetes and breech births also increase the risk of injuries during birth. These women often have bigger babies than normal, which can place additional pressure on the shoulders and arms.

The first step in filing the lawsuit is to send a demand letter to the hospital or doctor of the defendant. The letter should outline your child's injuries and how you believe that negligence occurred. The defendant has 30 days to respond before the discovery phase begins. This is the time when your attorney will request expert witness opinions as well as additional medical records and more.

Settlement

A settlement is monetary compensation families receive from a hospital, doctor or other medical provider after filing a lawsuit against them for malpractice that led to Erb's Palsy for children. The money is intended to pay for expenses such as treatment, therapy, adaptive gear for the home and at school and many more.

Most Erb's palsy settlements are done outside of court. This is a more effective method to settle cases and eliminates the possibility of a verdict by a jury being overturned in appeal. Families are also able to recover compensation more quickly than if the case was argued in court.

Erb's Palsy is a condition that occurs when a baby's shoulders get stuck on the mother's pelvic bone or their arms are pulled too hard during delivery. This can occur during both vaginal as well as a c section. This is more frequent when doctors don't care and deliver a baby too big for the mother's pelvic bone, or if it is breech (feet first).

You should hire a lawyer immediately if you suspect medical malpractice during the birth of your child. A lawyer who specializes in birth injury cases has the expertise and experience needed to ensure your child's claim is filed correctly. Contact Hampton & King today to arrange a no-cost consultation with an experienced Erb's Palsy lawyer.