Erb's Palsy Settlement
Erb's palsy happens when the brachial-plexus bundle of nerves is stretched or torn at delivery. The injury can result from medical negligence or a difficult delivery.
Most lawsuits end in a settlement and not going to trial. However, the process may differ greatly from case to case.
The Statute of Limitations
Children who suffer injuries to the brachialplexus the nerve bundle that runs from the spine and down each arm, might be eligible for Erb's Palsy settlement. This nerve bundle is responsible for sensation and movement in the hand, fingers, and shoulder. In most cases it's caused by medical errors during labor and delivery - most commonly, doctors using too much force to deliver the baby, or giving the head away before the shoulders are fully delivered.
A medical malpractice lawsuit for this issue could result in a substantial payout, especially in severe instances where the injury is permanent. This is why it's essential to have a skilled lawyer to your side. A reputable Erb's Palsy/brachial-plexus birth injury lawyer will have the resources to gather medical records and talk to medical experts who can support your case.
The statute of limitations differs by state and by the nature of the legal claim. In general, you have two years from the date of the diagnosis to make a claim. Your lawyer will guide you through your particular situation and give you a timeframe to file.
Recent case highlights the need to have a seasoned attorney by your side 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. It was the result of a series of mistakes made by medical staff at Royal Berkshire Hospital during his delivery and treatment, including the use excessive force and inadequate treatment of the complication that was in need of immediate attention known as shoulder dystocia.
Arbitration or Mediation
Contact an experienced lawyer immediately. Erb's palsy suits can be complex, so it is imperative to have an attorney examine your case prior to taking any further action. In a majority of cases, attorneys will begin with a complimentary consultation.
Most Erb's palsy lawsuits are resolved outside of court. A knowledgeable lawyer can help you get the compensation you deserve without the hassle of an appeal. In mediation, both sides present their arguments and evidence. This could include medical records or personal accounts of witnesses. If the doctors are not able to reach an agreement and the case is not settled, then it will be tried.
In a trial, a judge or jury will be able to hear both sides of the argument and decide who is the winner. The winning party will receive a settlement that is designed to satisfy both parties.
If you decide to submit your case to mediation, you may be able to get financial aid to help your child's needs. This could help pay for the costs of therapy, adaptive devices, and ongoing treatment. You may also utilize the compensation to cover other costs such as loss of wages or 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 information that you have, and the better your chances of a positive outcome.
Complaint to the Court
A family can sue for compensation if a child is diagnosed with erb's palsy because of a medical error during birth. A New York birth injury lawyer will be able to explain the process to you and help you fight for a settlement as high as it is possible. The damages could include expenses for physical therapy, hospital and rehabilitation costs, future costs for in-home care, specialized medical equipment as well as lost wages, the past and future pain and suffering and more.
Common cases of Erb's syndrome involve medical mistakes during vaginal or C-section delivery. Doctors may pull too hard on the neck, arms or shoulders when attempting to deliver the baby. Doctors could also use forceps, vacuum extractors or other tools improperly. This can place too much pressure on the infant's head or shoulder, causing an injury known as shoulder dystocia.
Both gestational diabetes and breech deliveries increase the chance of injury during the delivery. Women suffering from these conditions frequently have babies that are larger than normal which puts extra pressure on the arms and shoulders during the delivery.
Sending erb's palsy lawyer houston to the hospital or doctor of the defendant is the first step to filing a suit. The letter should contain information of your child's injuries and the reason you believe negligence occurred. The defendant will then have 30 days to reply and then begin the discovery phase. This is when your lawyer will ask for expert witness opinions or additional medical records and more.
Settlement
A settlement is monetary compensation a family receives from a doctor, hospital or any other medical professional after filing a lawsuit against them for errors that led to Erb's palsy in a child. The money is intended to cover expenses like therapy, treatment and adaptive equipment for at school and at home, and much more.
The majority of Erb's palsy settlements have been concluded outside of court. This is a more effective method to settle disputes and reduces the possibility of a juror's verdict being overturned on appeal. Families can also recover compensation much faster than if their case was tried in court.
Erb's Palsy is caused by a baby's shoulder being resting on the pelvic bone, or their arms are pulled too tightly. This can occur in vaginal births as well as a c section. It's more common when doctors aren't cautious and attempt to birth a baby that is too big for the pelvic bone of the mother, or is present as an Breech birth (feet-first).
It is crucial to engage an attorney immediately if you suspect medical negligence during your child's birth. A lawyer who is specialized in cases of birth injuries has the experience and expertise required to ensure your child's claim is processed properly. Contact Hampton & King today to arrange a no-cost consultation with an experienced Erb's palsy lawyer.