Erb's Palsy Settlement
Erb's Palsy occurs when the brachial-plexus nerve is stretched or torn during delivery. The injury can be caused by medical negligence or a difficult delivery.
The majority of these lawsuits are settled out of court. However, the procedure can differ drastically from case-to-case.
The Statute of Limitations
An Erb's palsy settlement can be possible for children who suffer from injury to the brachial plexus which runs from the spine to the neck and down each arm. This nerve bundle gives movement and sensation to the hand, shoulder and fingers. Most often, it's caused by medical errors during the labor and birth. For instance the doctor might have applied too much force when delivering the baby or delivered the head before the shoulders had been fully delivered.
A medical malpractice lawsuit for this condition can result in a substantial settlement especially in instances where the injury is causing lasting effects. It is important to hire an experienced lawyer on your side. A quality Erb's palsy/brachial plexus birth injury attorney has the capacity to collect medical records and consult with medical experts who can aid in your case.
The statute of limitations varies according to the state and type of legal claim. In general, however you are allowed to file a lawsuit for up to two years after the date your child was diagnosed before you can file a lawsuit. Your lawyer can provide you with advice on your specific situation and give you a timeframe for filing.
A recent case illustrates the importance of having a seasoned lawyer on your side when it comes to a medical malpractice case. RY was suffering from a serious case of Grade 1 Erb's Palsy, or severance of nerves that run through the upper part of his right arm. This was due to numerous mistakes made by the medical staff at Royal Berkshire Hospital during his delivery as well as the use of excessive force and insufficient treatment of the emergency complication known as shoulder dystocia.
Mediation or Arbitration
The first step is to consult with an experienced attorney.
Erb's Palsy lawsuits may be complex and it is recommended to consult an attorney before taking any action. In many cases, lawyers offer a free consultation.
Most
Erb's palsy lawsuits are settled without a court hearing. A skilled lawyer can help you obtain the amount you deserve without the hassle of having a court trial. In mediation, both parties present their arguments and evidence. This could include medical records or personal statements of witnesses. If the doctors are not able to reach an agreement, then the case will be tried.
In a trial, a judge or jury will consider both sides of the case and decide who is the winner. The winner will receive a settlement that is designed to satisfy both sides.
You could be eligible for financial assistance if you decide to seek mediation. This could cover the cost of therapy equipment, adaptive devices, and ongoing treatment. You can also use the money to cover other expenses, such as the loss of earnings or emotional trauma. In addition, it can ensure your child's future. Your lawyer can help identify your options and choose the most appropriate option for your family. The more information you have, and the greater your chance of a successful result.
Complaints in Court
If a child suffers from erb's syndrome due to an error in the medical system at birth, the family has the right to file a lawsuit for compensation. A experienced New York birth injury attorney can explain the procedure and fight for the highest possible settlement in the case. Damages can include hospitalization, physical therapy and rehabilitation costs, future costs for in-home care and specialized medical equipment as in addition to lost wages.
Most cases of Erb's Palsy are caused by medical mistakes during vaginal or C-section delivery. Doctors may pull too hard when trying to deliver a baby. Doctors can also use forceps, vacuum extractors or other tools improperly. This could put excessive pressure on the infant's head and shoulder, causing an injury referred to as shoulder dystocia.
Both gestational diabetes as well as breech deliveries increase the chance of injury during the delivery. These women usually have bigger babies than the average, which can put more pressure on shoulders and arms.
The first step in filing the lawsuit is to send a demand letter to the hospital or doctor who is defendant. The letter should explain the injuries suffered by your child and the reasons you believe the negligence occurred. The defendant has 30 days to respond prior to the discovery phase beginning. Your attorney will then request expert witness testimony, additional medical records as well as other documents.
Settlement
A settlement is the financial amount families receive after filing an action against a medical facility or doctor, or any other medical provider for negligence that caused an Erb's palsy in a child. This money is used to pay for expenses like therapy, treatments and adaptive equipment for home and school and many more.
Most Erb's palsy cases are resolved outside of court. This is more efficient for everyone involved and avoids the possibility that a verdict by a jury could be overturned in appeal. It also reduces the risk for families, who could get compensation faster than if they took their case to trial.
Erb's syndrome occurs when a newborn's shoulders get stuck on the mother's pelvic bone or their arms are stretched too much during birth. It can happen during vaginal birth as well as a c-section. It is more frequent when doctors aren't careful and try to deliver a baby who is too big for the mother's pelvic bone or is being presented as a Breech birth (feet-first).
It is essential to contact a lawyer when you begin to suspect medical negligence during your child's birth. A lawyer who is specialized in birth injury cases will have the expertise and knowledge necessary to complete your child's claim in a proper manner. Call Hampton & King to schedule an appointment with a knowledgeable Erb's Palsy lawyer.