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Erb's Palsy Settlement Erb's palsy is a condition that occurs when a nerve bundle known as the brachial plexus stretched or torn in the course of delivery. The injury could be caused by medical negligence or a difficult delivery. Most lawsuits end with a settlement instead of 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 each arm. This bundle of nerves is responsible for movement and sensation in the hand, fingers and shoulder. In most cases it is the result of medical errors during labor and delivery typically, doctors applying too much force to deliver the baby or making the head deliver before the shoulders have been fully delivered. A medical malpractice lawsuit for this kind of injury can result in a huge settlement, particularly in serious cases when the injury is permanent. It is crucial to choose a lawyer with experience in your corner. A reputable Erb's Palsy/brachial-plexus birth injury lawyer has the resources to collect medical records and speak with medical experts who can help you with your case. The time period for submitting a claim varies depending on the state of origin and the nature of legal claim. In general you have two years from the date of the diagnosis of your child to make a claim. Your lawyer will advise you on your specific case and provide a timeline to file. A recent case illustrates the importance of having an experienced lawyer on your side when it comes to a medical malpractice lawsuit. RY suffered from a severe case of Erb's palsy Grade 1 or severance of nerves in the upper region of his right arm. This was the result of numerous mistakes made by the medical staff at Royal Berkshire Hospital during his delivery and treatment, including the use excessive force and the ineffective treatment for the complication of emergency known as shoulder dystocia. Arbitration or Mediation Find a reputable attorney as soon as possible. Erb's lawsuits for palsy can be complicated, and it is crucial to have an attorney look over your case before taking any further actions. In many cases, lawyers will provide a no-cost consultation. Most of the lawsuits filed by Erb's palsy are settled without a court hearing. A knowledgeable attorney can assist you in getting the amount you're due, without the stress of having a court trial. During the mediation process each party will present their arguments and evidence. This could include medical records and personal accounts of witnesses. If the doctors cannot reach an agreement and the case is not settled, then it will be tried. A judge or jury will listen to both sides and determine the winner. The winner will be awarded a settlement intended to satisfy both sides. If you decide to submit your case to mediation, you may be eligible to receive financial assistance for your child's needs. This can help cover the cost of therapy, adaptive devices, and ongoing treatment. You can also use the compensation to pay for other expenses such as lost wages or emotional trauma. It can also provide an assured future for your child. Your lawyer can help you understand your options and help you choose the right option for your family. The more information you can gather the greater your chance of a positive outcome. Complaints in the Court A family can seek compensation if a child develops erb's syndrome due to a medical error during birth. A New York birth injury lawyer can explain the procedure to you and fight for a settlement that is as high as is possible. Damages can include hospitalization, physical therapy and rehabilitation expenses, future costs for in-home care and specialized medical equipment, as well as lost wages. Erb's Palsy is usually caused by medical errors made during C-section or vaginal birth. Doctors can pull too hard on the neck, arms or shoulders when attempting to deliver the baby. Alternatively, doctors might use forceps or vacuum extractors improperly. This can place too much pressure on an infant's shoulder or head, causing a condition known as shoulder dystocia. erb's palsy lawyer south carolina as well as breech deliveries increase the risk of injuries during delivery. Women with these conditions often have larger babies than the average, which can put more pressure on shoulders and arms. Sending a demand letter to a defendant doctor or hospital is the first step towards filing a lawsuit. The letter should contain details regarding the injuries your child sustained, and the way you believe negligence occurred. The defendant then has 30 days to respond before beginning the discovery phase. Your attorney will then ask for expert witness testimony, additional medical records as well as other documents. Settlement Settlements are the monetary payment families receive after filing an action against a medical facility or doctor, or another medical provider for malpractice that led to an Erb's Palsy in the child. This money is intended to cover costs such as therapy, treatments, adaptive gear for the school and at home and many more. The majority of Erb's palsy settlements are reached out of court. This is a better way to settle disputes and reduces the possibility of a juror's verdict being overturned in appeal. It also makes it less risky for families who are able to obtain compensation more quickly than if they took their case to trial. Erb's palsy happens when a baby's shoulders get stuck on the pelvic bone of their mother or their arms are pulled too tight during the birth. This can happen in both a vaginal and a C-section. It is more frequent when doctors don't take care and try to give birth to a baby who is too large for the pelvic bone of mother or is presenting as a Breech birth (feet-first). It is important to find an attorney immediately if you suspect medical negligence in the birth of your child. A lawyer with expertise in birth injuries has the expertise and experience needed to ensure your child's claim is handled correctly. Call Hampton & King to schedule an appointment with a knowledgeable Erb's PALSY attorney.