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Erb's Palsy occurs when the brachial-plexus bundle of nerves is stretched or torn at delivery. The injury could be caused through medical negligence or an uncomplicated birth.
Most of these lawsuits end in a settlement, rather than going to trial. The process can vary 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, through the neck and down the arm. This bundle of nerves is responsible for movement and sensation in the hands, fingers, and shoulder. The majority of the time, it's caused by medical errors during the labor and birth. For example, a doctor may have used too much force while delivery of the baby or delivered the head before the shoulders were fully delivered.
A medical malpractice suit for this condition could result in a substantial settlement, especially in the most severe cases where the damage is permanent. This is the reason it's important to have a seasoned lawyer to your side. A quality Erb's palsy/brachial plexus birth injury attorney will have the resources to collect medical records and consult with medical experts who can support your case.
The time frame for filing a lawsuit is different depending on the state and the type of legal claim. In general you have two years from the date of your child's diagnosis to file a lawsuit. Your lawyer can give you advice on your situation and a timetable.
A recent case illustrates the importance of having a seasoned lawyer on your side when it comes to an action for medical malpractice. RY suffered from a severe case of Grade 1 Erb's palsy or severances of nerves in the upper portion of his right arm. It was the result of numerous mistakes made by medical staff at Royal Berkshire Hospital during his delivery, including the use of excessive force and inadequate treatment for erb's Palsy the complication of emergency known as shoulder dystocia.
Mediation or Arbitration
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 proceeding. In many cases, lawyers will provide a no-cost consultation.
Most Erb's palsy lawsuits are settled outside of court. A competent lawyer can assist you receive the compensation you deserve without the hassle of the trial. During the mediation, both sides present their arguments and evidence. This could include medical records and personal accounts of witnesses. If the doctors aren't able to reach an agreement the case will go to trial.
In an instance of trial, a judge or jury will consider both sides and determine a winner. The winner will receive a settlement that is designed to satisfy both parties.
If you decide to submit your case to mediation, you might be eligible to receive financial assistance for your child's requirements. This could cover the cost of therapy or adaptive devices as well as ongoing treatment. The compensation you receive could help with other costs, such as lost wages and emotional trauma. Additionally, it could give your child security for the future. Your lawyer can help identify your options and choose the best option for your family. The more details 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 an error in the medical system at birth, the family has the right to bring a lawsuit to recover compensation. A reliable New York birth injury attorney can explain the procedure and advocate to secure the most lucrative settlement in the case. Damages can include physical therapy, hospitalization and rehabilitation costs, future costs for home care and medical equipment, as and lost wages.
Typical Erb's palsy cases involve medical errors that occur during vaginal delivery or C-section birth. Doctors may pull too much when trying to deliver a baby. Alternatively, doctors might use forceps, vacuum extractors, or other tools incorrectly. This can put too much pressure on the infant's head and shoulder, causing an injury known as shoulder dystocia.
Both gestational diabetes as well as breech deliveries increase the risk of injury during the delivery. These women usually have bigger babies than average, which can put more pressure on shoulders and arms.
Sending an order letter to a hospital or doctor that is a defendant is the first step to filing a lawsuit. The letter should contain details about the injuries sustained by your child, and how you believe the negligence occurred. The defendant will then have 30 days to respond before beginning the discovery phase. This is the time when your attorney will seek expert witness opinions, additional medical records, and more.
Settlement
A settlement is monetary compensation a family receives from a hospital, doctor or another medical professional following the filing of a lawsuit for malpractice that led to a child's Erb's palsy. The money is intended to pay for costs like therapy, treatments and adaptive equipment for the school and home and much more.
Most Erb's palsy settlements are made outside of court. This is more efficient for all involved and eliminates the risk that a jury's decision could be rescinded on appeal. Families also have the option of recovering compensation quicker than if their case went to trial.
Erb's Palsy is caused by a baby's shoulder being resting on the pelvic bone or arms are pulled too far. This can happen in both vaginal births and c section. It 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 consult a lawyer immediately if you suspect medical malpractice during the birth of your child. A lawyer who is specialized in birth injuries will have the experience and knowledge necessary to make your claim in a timely manner. Call Hampton & King to schedule a consultation with a skilled erb's palsy lawyer PALSY attorney.
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