Erb's Palsy Settlement
Erb's Palsy occurs when the brachial-plexus nerve bundle is stretched or torn during delivery. The injury can result from medical negligence or a complex delivery.
Most of these lawsuits are settled outside of the courtroom. However, the process can differ greatly from case to case.
The Statute of Limitations
An Erb's Palsy settlement is possible for children who suffer from injuries to the brachial plexus, that runs from the spine down the neck and down the arm. This nerve bundle provides movement and sensation to the hand, shoulder and fingers. Most of the time, it is caused by medical errors during labor and birth Most often, it is due to a doctor applying too much force to deliver the baby, or delivering the head before the shoulders have been fully delivered.
A medical malpractice lawsuit for this condition can result in a significant payout particularly in the most severe instances where the injury is causing permanent consequences. This is why it's essential to have a seasoned lawyer on your side. A reputable Erb's Palsy/brachial-plexus birth injury lawyer will have the resources necessary to gather medical records and consult with medical experts who can help assist you in your case.
The statute of limitations differs according to the state and type of legal claim. However, in general, you have two years from the date of your child's diagnosis to file a lawsuit. The lawyer you consult with can provide information regarding your situation and an estimated timeframe.
Recent cases show the importance to have an experienced attorney by your side when filing the medical malpractice lawsuit. RY suffered from a serious case Erb's palsy of Grade 1 or severance of nerves in the upper portion of his arm. This was caused by several medical mistakes committed by the Royal Berkshire Hospital staff during the delivery. This included the use of excessive pressure and the inadequate treatment of shoulder dystocia, an emergency complications.
Mediation or Arbitration
Find a reputable attorney as soon as you can. Erb's Palsy lawsuits can be complicated, and it is best to speak with an attorney prior beginning the process. In most cases, lawyers will begin with a complimentary consultation.
The majority of Erb's Palsy lawsuits end up in court. A skilled lawyer can help you get the compensation you deserve without the stress of an appeal. In mediation, both parties will present their arguments and evidence. This could include medical records and personal accounts of witnesses. If the doctors can't reach an agreement, the case will be heard in court.
A jury or judge will hear both sides before deciding the winner. The winner will receive a settlement that is designed to satisfy both parties.
If you decide to bring your case to mediation, you might be able to get financial aid to help your child's requirements. This could pay for the costs of therapy, adaptive equipment and ongoing treatments. The money you receive could also be used to pay for other expenses including lost wages and emotional trauma. In addition, it can ensure your child's future. Your lawyer can explain your options and help you select the best option for your family. The more information you have, and the greater your chance of a positive outcome.
Complaint to the Court
A family may sue for compensation if a child is diagnosed with erb's palsy due to a medical issue during birth. A reputable New York birth injury attorney can explain the procedure and advocate for the highest possible settlement in the case. The damages could include expenses for physical therapy, rehabilitation and hospital costs, future expenses for home care, specialized medical equipment as well as lost wages, the past and future pain and suffering and more.
Typical Erb's palsy cases involve medical mistakes during vaginal or C-section delivery. Doctors may pull too hard when trying to deliver a baby. Alternatively, doctors might use forceps or vacuum extractors improperly. This can exert excessive pressure on the infant's head and shoulder and cause an injury known as shoulder dystocia.
Both gestational diabetes and breech deliveries increase the risk of injury occurring during delivery. These women usually have babies that are larger than typical, which could put additional stress on shoulders and arms.
Sending a demand letter to a defendant doctor or hospital is the first step in filing a lawsuit. The letter should include information about the injuries sustained by your child, and the way you believe negligence occurred. The defendant then has 30 days to respond before beginning the discovery process. Your attorney will request expert witness testimony, additional medical records, etc.
Settlement
A settlement is the financial amount families receive following the filing of an action against a medical facility, doctor, or other medical professional for negligence that led to an Erb's Palsy in the child. The money is used to pay for expenses such as therapy, treatments and adaptive equipment for the school and at home and more.
The majority of Erb's cases involving palsy are settled outside of court. This is a better way to settle cases and eliminates the possibility of a juror's verdict being rescinded in appeal. It also means less risk for families, as they can recover compensation more quickly than if they take their case to trial.
Erb's Palsy occurs when the baby's shoulders are stuck on the mother's pelvic bone, or when their arms are pulled too hard. It can happen during both vaginal as well as a C section. erb's palsy lawyer gastonia is more prevalent when doctors do not take care and deliver a baby too big for the mother's pelvic bone or if it's breech (feet first).
It is recommended to hire a lawyer immediately if you suspect medical malpractice at the birth of your child. A lawyer that specializes in birth injury cases has the expertise and experience required 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.