Erb's Palsy Settlement

Erb's syndrome occurs when a bundle of nerves known as the brachial plexus stretched or torn during delivery. The injury can be caused by medical negligence or a difficult delivery.

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

The Statute of Limitations

An Erb's palsy settlement is possible for children suffering from damage to the brachial plexus, that runs from the spine down the neck and down the arm. This bundle of nerves is responsible for the sensation and movement in the fingers, hands and shoulder. The majority of the time, it's caused by medical mistakes made during labor and delivery. For instance doctors might have used too much force while delivery of the baby, or delivered the head before the shoulders had been fully delivered.

A medical malpractice suit for this kind of injury could result in a significant settlement, particularly in serious cases where the damage is permanent. It is important to hire a lawyer with experience in your corner. A quality Erb's palsy/brachial plexus birth injury attorney will have the resources to gather medical records and consult medical experts to support your case.

The time frame for filing a lawsuit is different depending on the state and the type of legal claim. However, in general you have two years from the date of your child's diagnosis to bring a lawsuit. Your lawyer can give you guidance on your situation and an outline of the timeline.

Recent case highlights the need to have an experienced lawyer at your side when submitting an action for medical malpractice. RY suffered from a severe case of Grade 1 Erb's palsy or severances of nerves in the upper part of his right arm. The cause was a number of medical errors committed by the Royal Berkshire Hospital staff during the delivery. These included the use of excessive pressure and Erb's palsy the inadequate treatment of shoulder dystocia, which is a critical problem.

Arbitration or Mediation

The first step is to speak with an experienced attorney. Erb's palsy lawsuits are complicated, and it is best to speak with an attorney prior taking any action. In most cases, lawyers will begin with a complimentary consultation.

Most Erb's palsy lawsuits are resolved without a court hearing. A knowledgeable attorney can help you get the money you deserve, without the stress of having a court trial. During mediation, both parties present their arguments and Erb's Palsy evidence. This could include medical records and personal statements of witnesses. If the doctors aren't able to reach an agreement the case will go to trial.

A jury or judge will consider both sides and decide on the winner. The winning party will be awarded a settlement that is meant to satisfy both parties.

You may be eligible to receive financial assistance if decide to seek mediation. This could help pay for the costs of therapy as well as adaptive devices and ongoing treatment. The compensation you receive could help with other costs, such as lost wages and emotional trauma. In addition, it can give your child security for the future. Your lawyer can assist you determine your options and pick the most suitable option for your family. The more information you have, the better your chances of a successful result.

Complaints in the Court

If a child is diagnosed with erb's palsy because of an error in the medical system during birth, the family has the right to bring a lawsuit to recover compensation. A experienced New York birth injury attorney can explain the procedure and advocate for the best settlement in the case. The damages can include the cost for physical therapy, hospital and rehabilitation costs, future expenses for in-home care, specialized medical equipment, lost wages, past and future pain and suffering and much more.

Typical Erb's palsy cases involve medical mistakes during vaginal or C-section birth. Doctors may pull too much when trying to deliver babies. Doctors may also use forceps, vacuum extractors or other tools incorrectly. This could put too much pressure on a baby's head or shoulder, causing the condition known as shoulder dystocia.

Both gestational diabetes and breech births increase the risk of injuries during delivery. These women often have bigger babies than the typical, which could put extra pressure on shoulders and arms.

The first step to file a lawsuit is sending a demand letter to the defendant doctor or hospital. The letter should outline the child's injuries as well as how you believe that negligence occurred. The defendant will then have 30 days to respond and start the discovery phase. This is when your lawyer will ask for expert witness opinions, additional medical records, and much more.

Settlement

Settlements are monetary payments a family receives from a doctor, hospital or another medical professional after filing a lawsuit for errors that led to a child's Erb's palsy. This money is intended to pay for expenses such as therapy, treatment as well as adaptive equipment for the home and at school and more.

Most Erb's palsy settlements are concluded outside of court. This is a more effective method to settle cases, and also eliminates the possibility of a verdict by a jury being rescinded upon appeal. It also reduces the risk for families, who can obtain compensation more quickly than if they take their case to trial.

Erb's syndrome occurs when a baby's shoulders get caught on the pelvic bone that is in the mother's pelvis or their arms are pulled too hard during delivery. This can occur in vaginal births and also during a 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 the mother or is present as an breech birth (feet-first).

You should hire an attorney immediately if you suspect that medical malpractice occurred during the birth of your child. A lawyer with expertise in cases of birth injuries has the expertise and experience required to ensure that your child's claim is processed correctly. Contact Hampton & King today to get a free consultation with an experienced Erb's palsy lawyer.