Erb's Palsy Settlement

Erb's syndrome occurs when a nerve bundle known as the brachial complex is stretched or torn during delivery. The injury could be caused either by medical negligence or by complications during birth.

Most of these lawsuits are settled outside of court. However, the process can differ dramatically from case to.

The Statute of Limitations

An Erb's palsy settlement is possible for children suffering from damage to the brachial nerve, which runs from the spine, through the neck and down the arm. This nerve bundle gives motion and sensation to the shoulder, hand, and fingers. Most often, it's caused by medical errors during the labor and birth. For example doctors may have used too much force while delivering the baby, or delivered the head before the shoulders had been fully delivered.

A medical malpractice lawsuit for this type of condition can result in a huge settlement, especially in the most severe cases where the injury is permanent. This is why it's crucial to have a skilled lawyer to your side. A quality Erb's palsy/brachial plexus birth injury lawyer has the resources to collect medical records and consult medical experts who can aid in your case.

The statute of limitations differs according to the state and type of legal claim. In general, you have two years from the date of the diagnosis of your child to bring a lawsuit. Your lawyer can give you information regarding your situation and a timetable.

Recent case highlights the importance to have a seasoned attorney at your side when submitting a lawsuit for medical malpractice. RY suffered from a severe case of Grade 1 Erb's palsy, or severance of nerves in the upper region of his right arm. The cause was several medical mistakes committed by the Royal Berkshire Hospital staff during the delivery. This included the use of too much pressure and the ineffective treatment of shoulder dystocia which is an emergency condition that can be fatal.

Arbitration or Mediation

The first step is to talk with an experienced attorney. erb's palsy lawsuit palsy suits can be complex, so it is imperative that a lawyer review your case prior taking further actions. In a majority of cases, attorneys will begin with a no-cost consultation.

Most Erb's palsy lawsuits are resolved outside of court. A competent attorney can help you get the amount you're due, without the stress of an in-court trial. During mediation, both parties present their arguments and evidence. This may include medical records and personal statements of witnesses. If the doctors cannot reach an agreement the case will go to trial.

In a trial, a judge or jury will hear both sides of the argument and determine a winner. The winner will be awarded a settlement that is intended to satisfy both parties.

You could qualify to receive financial assistance if decide to attend mediation. This can help cover the cost of therapy equipment, adaptive devices, and ongoing treatment. The compensation you receive could also help with other expenses like lost wages and emotional trauma. It can also provide an assured future for your child. Your lawyer will explain your options and help you select the best option for your family. The more information that you have, and the better your chances of a positive outcome.

Complaint to the Court

When a child suffers erb's palsy because of an error in the medical system during birth, a family is entitled to bring a lawsuit to recover compensation. A reliable New York birth injury attorney can explain the procedure and fight for the highest possible settlement in the case. The damages can cover costs for physical therapy, rehabilitation and hospital costs, future expenses for in-home care, special medical equipment as well as lost wages, past and future pain and suffering and much more.

Typical Erb's palsy cases involve medical errors during vaginal or C-section delivery. Doctors can pull too hard when trying to deliver a baby. Doctors might also use forceps, vacuum extractors or other tools improperly. This can create too much pressure on the infant's head or shoulder, causing a condition known as shoulder dystocia.

Both gestational diabetes and breech births increase the risk of injury during delivery. Women with these conditions often have babies larger than average and can put more pressure on shoulders and arms during delivery.

The first step in filing a lawsuit is sending a demand letter to the defendant doctor or hospital. The letter should outline your child's injuries and how you believe the negligence took place. The defendant has 30 days to respond before the discovery phase starts. This is when your lawyer will ask for expert witness opinions or additional medical records and more.

Settlement

Settlements are monetary payments that a family receives from a hospital, doctor or another medical professional after filing a lawsuit against them for malpractice that led to a child's Erb's palsy. This money is used to pay for costs like therapy, treatment as well as adaptive equipment for the home and school and many more.

Most Erb's palsy settlements are done outside of court. This is a better way to settle cases and avoids the possibility of a jury's decision being overturned upon appeal. It also reduces the risk for families, who could obtain compensation more quickly than if they take their case to trial.

Erb's Palsy is caused when a baby's shoulders are trapped on the mother's pelvic bone, or when their arms are pulled too hard. This can occur during both vaginal and C-section. It's more common when doctors don't take care and try to deliver a baby who is too big for the pelvic bone of mother or is presenting as a breech birth (feet-first).

You should seek out a lawyer immediately if you suspect that medical malpractice occurred during the birth of your child. A lawyer that specializes in birth injuries will have the experience and knowledge required to complete your child's claim in a proper manner. Contact Hampton & King to schedule an appointment with an experienced Erb's Palsy attorney.