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Erb's Palsy Settlement Erb's Palsy occurs when the brachial-plexus bundle of nerves is stretched or torn at the time of delivery. The injury could be caused by medical negligence or a difficult delivery. Most of these lawsuits are settled outside of court. The procedure may vary from case to case. The Statute of Limitations The Erb's-Palsy settlement is possible for children who suffer from damage to the brachial nerve, which extends from the spine, through the neck and down each arm. This bundle of nerves provides motion and sensation to the hand, shoulder, and fingers. The majority of the time, it's due to medical errors made during the labor and birth. For example the doctor 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 lawsuit for this issue could result in a significant settlement, especially in the most severe cases when the injury is permanent. It is essential to choose an experienced lawyer to your side. A reputable Erb's palsy/brachial-plexus birth injury lawyer has the resources to gather medical records as well as consult with medical experts who can help you with your case. The time limit for filing a lawsuit varies depending on the state of origin and the nature of legal claim. In general, you are allowed to file a lawsuit for up to two years after the date that your child was diagnosed before you can start a lawsuit. Your lawyer will advise you on your specific case and provide a timeline for filing. Recent case highlights the need having an experienced attorney to assist you when filing an action for medical malpractice. RY suffered from a severe case of Grade 1 Erb's palsy, or severance of nerves that run through the upper part of his right arm. This was a result of a series of mistakes made by medical personnel at Royal Berkshire Hospital during his delivery as well as the use of excessive force and the ineffective treatment of the complication that was in need of immediate attention known as shoulder dystocia. Arbitration or Mediation The first step is to consult with an experienced attorney. Erb's palsy lawsuits are complicated and it is essential to have an attorney examine your case before taking any further action. In most cases, lawyers will offer a free consultation. Most lawsuits involving Erb's palsy end up in court. A skilled lawyer can help to get the compensation you deserve without the stress of an appeal. In the course of mediation the parties will be able to present their arguments and evidence. This could include medical records as well as personal testimony of witnesses. If the doctors don't come to an agreement the case will be heard in court. A jury or judge will consider both sides and decide on the winner. The winning party will be given a settlement intended to satisfy both sides. If you decide to bring your case to mediation, you may be able to get financial aid for your child's needs. This could pay for the costs of therapy, adaptive equipment, and ongoing treatments. The compensation you receive could help with other costs, such as the loss of earnings and emotional trauma. Additionally, it could provide security for your child's future. Your lawyer can help you understand your options and help you pick the right option for your family. The more information you have, the better your chances are of a successful outcome. Complaint to the Court A family can claim compensation if a child is diagnosed with erb's palsy due to a medical issue during birth. A New York birth injury lawyer will be able to explain the process to you and advocate for a settlement at the highest level possible. The damages could include expenses for physical therapy, hospital and rehabilitation costs, future expenses for home-based care, medical equipment as well as lost wages, past and future pain and suffering and much more. Erb's palsy is typically caused by medical errors during C-section or vaginal birth. Doctors can pull too hard on the neck, arms, or shoulders while trying to deliver the baby. Doctors can also use forceps, vacuum extractors, or other tools incorrectly. This could put excessive pressure on the infant's shoulder and head and cause an injury known as shoulder dystocia. erb's palsy attorney carlsbad and breech births also increase the chance of injuries occurring during the birth. Women who suffer from these conditions typically have babies that are larger than normal which puts extra stress on shoulders and arms during delivery. Sending a demand letter to a hospital or doctor that is a defendant is the first step towards filing a lawsuit. The letter should contain details regarding the injuries your child sustained, and how you think the negligence occurred. The defendant has 30 days to respond before the discovery phase starts. This is when the attorney will seek expert witness opinions, additional medical records, and more. Settlement Settlements are monetary payments the family receives from a hospital, doctor or another medical professional after filing a suit for negligence that caused Erb's syndrome in a child. This money is intended to pay for costs like therapy, therapy, adaptive equipment for the school and at home, and more. The majority of Erb's palsy settlements have been made outside of court. This is more efficient for everyone involved and eliminates the risk that a verdict by a jury could be overturned on appeal. It is also less risky for families, as they can get compensation faster than if they took their case to trial. Erb's Palsy is caused by a baby's shoulder being caught on the mother’s pelvic bone, or if their arms are pulled too hard. This can happen during a vaginal birth as well as a c section. It's more common when doctors aren't careful and try to give birth to a baby who is too big for the pelvic bone of the mother or is present as a Breech birth (feet-first). It is important to find an attorney when you begin to suspect medical negligence in your child's birth. A lawyer who is specialized in birth injury cases has the experience and knowledge needed to make your claim in a timely manner. Contact Hampton & King to schedule an appointment with an experienced Erb's PALSY attorney.