Erb's Palsy Settlement
Erb's Palsy is a condition that occurs when the brachial plexus nerve bundle is stretched or torn during delivery. The injury can result from negligence in the medical field or a complicated delivery.
The majority of these lawsuits will result in a settlement, rather than going to trial. The procedure can differ 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, could qualify for Erb's Palsy settlement. This bundle of nerves is responsible for the sensation and movement in the hands, fingers, and shoulder. In the majority of cases it is the result of medical mistakes during labor and delivery typically, doctors applying too much force to deliver the baby, or delivering the head before the shoulders are fully delivered.
A medical malpractice suit for this type of injury can result in a significant payout especially in extreme instances where the injury is causing permanent consequences. This is why it's vital to have a skilled lawyer to your side. A quality Erb's palsy/brachial plexus birth injury attorney will have the resources to collect medical records as well as consult with medical experts to support your case.
The time period for submitting a claim varies according to the state and nature of legal claim. However, in general, you have two years from the date of diagnosis for your child to file a lawsuit. Your lawyer can provide you with advice on your specific case and provide a timeline for filing.
Recent cases highlight the need to have an experienced attorney by your side when filing an action for medical malpractice. RY was diagnosed with a serious case of Grade 1 Erb’s palsy or severance in nerves of the upper portion of his arm. This was due to numerous mistakes made by medical staff at Royal Berkshire Hospital during his delivery which included the use of excessive force and inadequate treatment of the complication that was in need of immediate attention known as shoulder dystocia.
Mediation or Arbitration
The first step is to speak with an experienced attorney. Erb's Palsy lawsuits are complex, and it is best to consult an attorney before beginning the process. In many cases, lawyers will offer a free consultation.
The majority of Erb's Palsy lawsuits settle outside of court. A competent attorney can assist you in getting the amount you're due, without the hassle of a court trial. In mediation, both parties present their arguments and evidence. This could include medical documents and personal accounts of witnesses. If the doctors don't come to an agreement the case will go to trial.
In the course of a trial, a judge or jury will consider both sides of the case and decide who wins. erb's palsy attorney georgia winning party will be awarded a settlement intended to satisfy both parties.
If you decide to take your case to mediation, you might be able to receive financial aid for your child's needs. This could cover the costs of therapy, adaptive equipment, and ongoing treatments. You may also utilize the compensation to cover other expenses such as lost wages or emotional trauma. It can also ensure an assured future for your child. A lawyer can explain your options and help you pick the right option for your family. The more information that you have, the better your chances of a successful outcome.
A complaint to the court
If a child suffers from the condition erb's palsy due to an error made by a doctor at birth, the family can pursue a lawsuit seeking compensation. A reputable New York birth injury attorney will be able to explain the procedure and advocate for the highest possible settlement in the case. The damages can include costs for physical therapy, rehabilitation and hospital costs, future costs for home-based care, medical equipment as well as lost wages, past and future pain and suffering and more.
Most cases of Erb's Palsy are caused by medical mistakes made during vaginal or C-section birth. Doctors may pull too hard on the neck, arms, or shoulders when attempting to deliver the baby. Doctors may also use forceps, extractors or other tools incorrectly. They can put excessive pressure on the infant's shoulder and head, causing an injury referred to as shoulder dystocia.
Both gestational diabetes as well as breech deliveries increase the risk of injuries during the delivery. Women suffering from these conditions frequently have babies larger than average which puts additional pressure on arms and shoulders during the delivery.
The first step to file a lawsuit is to send a demand letter to the defendant doctor or hospital. The letter should outline the child's injuries as well as how you believe the negligence occurred. The defendant has 30 days to respond before the discovery phase starts. This is the time when your attorney will request expert witness opinions or additional medical records and more.
Settlement
A settlement is monetary compensation that a family receives from a hospital, doctor or other medical professional after filing a lawsuit for negligence that caused Erb's palsy in a child. The money is used to cover costs such as therapy, treatments and adaptive equipment for the school and at home, and much more.
Most of the settlements for Erb's palsy are reached out of court. This is a better way to settle cases and avoids the possibility of a jury's decision being rescinded on appeal. It also means less risk for families, who can obtain compensation more quickly than if they took their case to trial.
Erb's spalsy happens when a baby's shoulders get stuck on the mother's pelvic bone, or their arms are pulled too hard. This can happen during a vaginal birth as well as a c-section. This is more frequent when doctors fail to take into consideration the baby's needs and deliver it too large for the mother’s pelvic bone or if it's breech (feet first).
You should seek out an attorney as soon as you suspect medical malpractice during the birth of your child. A lawyer who is specialized in birth injuries has the experience and knowledge required to ensure that your child's claim is handled properly. Contact Hampton & King today to set up a consultation for free with an experienced Erb's palsy lawyer.