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Erb's Palsy Settlement Erb's Palsy occurs when the brachial-plexus bundle of nerves is stretched or torn at delivery. The injury could result from negligence in the medical field or a complicated delivery. The majority of these lawsuits result in a settlement rather than going to trial. However, the process can differ drastically from case-to-case. The Statute of Limitations The Erb's-Palsy settlement is possible for children suffering from injuries to the brachial plexus which runs from the spine, through the neck and down the arm. This bundle of nerves provides motion and sensation to the shoulder, hand, and fingers. Most of the time, it is caused by medical mistakes during labor and delivery – most commonly, a doctor applying too much force to deliver the baby or giving the head away before the shoulders are fully delivered. A medical malpractice suit for this type of injury can result in a significant payout especially in cases where the injuries have lasting effects. This is the reason it's important to have an experienced lawyer to your side. A reputable Erb's Palsy/Brachial Plexus birth injury attorney will have the ability to collect medical records and talk to medical experts to support your case. The time period for filing a lawsuit is different according to the state and nature of the legal claim. However, in general, you have two years from the date of your child's diagnosis to bring a lawsuit. Your lawyer will be able to help you with your specific situation and provide a timeline to file. A recent case highlights the importance of having an experienced attorney on your side in a medical malpractice lawsuit. erb's palsy lawyer richardson was suffering from a serious case of Grade 1 Erb's Palsy or severances of nerves in the upper region of his right arm. This was a result of a series of mistakes made by the medical staff of Royal Berkshire Hospital during his delivery, including the use of excessive force and insufficient treatment of the complication that was in need of immediate attention known as shoulder dystocia. Arbitration or Mediation Consult an experienced attorney whenever you can. Erb's palsy suits can be complicated, and it is crucial to have an attorney look over your case before taking any further decision. In most cases, lawyers will offer a free consultation. Most lawsuits involving Erb's palsy settle without trial. A skilled lawyer can help you obtain the compensation you deserve, without the hassle of having a court trial. During mediation, both sides present their arguments and evidence. This could include medical records as well as personal testimony of witnesses. If the doctors are not able to reach an agreement then the case will be tried. In the course of a trial, judges or jury will hear both sides of the story and determine a winner. The winning party will be awarded a settlement that is intended to satisfy both parties. If you decide to take your case to mediation, you might be eligible to receive financial aid to help your child's needs. This can cover the costs of therapy, adaptive devices, and ongoing treatment. You may also utilize the compensation to cover other costs such as lost wages or emotional trauma. Additionally, it could give your child security for the future. Your lawyer can help you understand your options and help you pick the right option for your family. The more information that you have, and the better your chances of a positive outcome. Complaints in the Court A family can sue for compensation if a child is diagnosed with erb's palsy due to a medical issue during birth. A New York birth injury lawyer can explain the process to you and help you fight for a settlement that is as high as is possible. Damages could include physical therapy, hospitalization and rehabilitation costs, future costs for care at home and medical equipment, as also lost wages. Erb's Palsy is usually caused by medical errors made during vaginal birth or C-section. Doctors may pull too hard on the neck, arms or shoulders while trying to deliver the baby. Doctors may also employ forceps, vacuum extractors, or other tools incorrectly. This could create too much pressure on an infant's shoulder or head, leading to the condition known as shoulder dystocia. Both gestational diabetes and breech delivery increase the risk of injury during the delivery. These women typically have bigger babies than average, which puts additional pressure on shoulders and arms. Sending an official demand letter to the hospital or doctor who is a defendant is the first step to filing a lawsuit. The letter should describe your child's injuries and how you believe the negligence occurred. The defendant will then have 30 days to respond and begin the discovery process. This is when your lawyer will ask for expert witness opinions or additional medical records and more. Settlement Settlements are the monetary payment families receive following the filing of an action against a medical facility or doctor, or another medical provider for malpractice which caused an Erb's -Pallsy in a child. This money is meant to pay for expenses such as treatment, therapy and adaptive equipment for the home and at school and many more. The majority of Erb's palsy cases are settled out of court. This is a better way to settle cases, and also eliminates the possibility of a juror's verdict being rescinded upon appeal. Families can also recover compensation quicker than if their case were to go to trial. Erb's palsy happens when a newborn's shoulders get caught on the mother's pelvic bone or their arms become stretched too much during birth. It can happen during both vaginal and C-section. It is more common when doctors do not take seriously and give birth to a child too large for the mother's pelvic bone, or if it is breech (feet first). It is important to find an attorney immediately if you suspect medical negligence at the time of your child's birth. A lawyer who specializes on birth injuries has the experience and knowledge required to effectively file your child's claim. Contact Hampton & King to schedule a consultation with a skilled Erb's PALSY attorney.