Erb's Palsy Settlement
Erb's palsy occurs when a bundle of nerves called the brachial plexus is stretched or torn during birth. The injury could be caused by medical negligence or a complicated delivery.
The majority of these lawsuits will result in a settlement and not going to trial. The process may differ from case to case.
The Statute of Limitations
An Erb's palsy settlement is possible for children who suffer from damage to the brachial plexus which runs from the spine down the neck and down each arm. This bundle of nerves is responsible for sensation and movement in the hand, fingers and shoulder. Most of the time it's caused by medical errors during labor and delivery - most commonly, doctors applying too much force to deliver the baby or delivering the head before the shoulders have been fully delivered.
A medical malpractice case for this condition can result in a huge settlement, especially in the most severe cases when the injury is permanent. This is why it's vital to have an experienced lawyer on 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 help you with your case.
The time frame for filing a lawsuit is different according to the state and nature of legal claim. In general, however you can file your claim up to two years after the date on which your child was diagnosed before you can bring a lawsuit. The lawyer you consult with can provide advice on your situation and a timetable.
Recent case highlights the need having an experienced attorney by your side when filing the medical malpractice lawsuit. 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. The cause was an array of medical mistakes committed by the Royal Berkshire Hospital staff during his birth. These included the use of too much pressure as well as the ineffective treatment of shoulder dystocia which is an emergency complications.
Mediation or Arbitration
The first step is to talk with an experienced attorney. Erb's palsy lawsuits are complicated, and it is best to speak with an attorney prior taking any action. In many cases, attorneys will begin with a free consultation.
Most
Erb's palsy lawsuits are resolved without a court hearing. A competent lawyer can help you receive the amount you deserve without the hassle of an in-court trial. During the mediation, both parties will present their arguments and evidence. This could include medical documentation and personal accounts from witnesses. If the doctors aren't able to reach an agreement the case will be heard in court.
In a trial, a judge or jury will hear both sides and then decide on a winner. The winner will be given a settlement intended to satisfy both sides.
You may be eligible for financial aid if you choose to attend mediation. This could cover the costs of therapy, adaptive equipment and ongoing treatments. You may also utilize the compensation to cover other expenses such as loss of wages or emotional trauma. It can also ensure a secure future for your child. Your lawyer can help to understand your options and choose the most suitable option for your family. The more information you have, the better your chances of a positive outcome.
Complaints in the Court
If a child is diagnosed with erb's palsy because of a medical mistake during birth, a family has the right to pursue a lawsuit seeking compensation. A New York birth injury lawyer can explain the procedure to you and will fight for a settlement as high as it is possible. The damages can include the cost for physical therapy, hospital and rehabilitation costs, future costs for home care, specialized medical equipment and lost wages, future and past pain and suffering and more.
Typical Erb's palsy cases involve medical mistakes during vaginal or C-section delivery. Doctors can pull too hard when trying to deliver a baby. In addition, doctors may use forceps, vacuum extractors, or other tools improperly. This can exert too much pressure on the infant's shoulder and head, causing an injury referred to as shoulder dystocia.
Both gestational diabetes and breech deliveries increase the chance of injury during the delivery. These women usually have bigger babies than typical, which could put additional pressure on shoulders and arms.
Sending an official demand letter to a defendant doctor or hospital is the first step in filing a suit. This letter should detail the child's injuries as well as how you believe the negligence took place. The defendant has 30 days to respond prior to the discovery phase beginning. Your attorney will then ask for expert witness testimony, medical records and so on.
Settlement
A settlement is monetary compensation the family receives from a hospital, doctor or another medical professional after filing a suit for malpractice that led to a child's Erb's palsy. This money is intended to pay for costs like treatment, therapy, adaptive gear for the home and at school and more.
Most
Erb's palsy settlements are concluded outside of court. This is a more efficient way to settle cases and eliminates the possibility of a juror's verdict being overturned upon appeal. It also means less risk for families, as they can obtain compensation more quickly than if they took their case to trial.
Erb's spalsy happens when a baby's shoulders are stuck on the mother's pelvic bone, or when their arms are pulled too hard. This can occur in vaginal births and also during a c-section. This is more common when doctors do not take proper care and give birth to a baby too large for the mother’s pelvic bone or if it's breech (feet first).
You should hire a lawyer immediately if you suspect that medical malpractice occurred during the birth of your child. A lawyer who is specialized in birth injury cases has the expertise and experience necessary to ensure your child's claim is filed correctly. Contact Hampton & King today to schedule a free consultation with an experienced Erb's Palsy lawyer.