Sally Jarrell asked 10 months ago
erb’s palsy law firm Palsy Settlement
Erb’s Palsy is a condition that occurs when the brachial-plexus nerve bundle is stretched or torn during the time of delivery. The injury could result from negligence in the medical field or a complicated delivery.
The majority of these lawsuits will result in a settlement and not going to trial. The procedure can differ from case to case.
The Statute of Limitations
An Erb’s palsy settlement can be possible for children who suffer from damage to the brachial canal, that runs from the spine, through the neck and down the arm. This bundle of nerves is responsible for movement and sensation in the fingers, hand, and shoulder. The majority of the time, it’s caused by medical errors during labor and delivery. For example the doctor might have applied too much force when delivery of the baby or delivered the head before the shoulders had been fully delivered.
A medical malpractice lawsuit for this issue can result in a substantial settlement particularly in the most severe cases where the injuries have permanent effects. This is the reason it’s important to have a skilled lawyer on your side. A quality Erb’s palsy/brachial-plexus birth injury lawyer has the resources to gather medical records and talk to medical experts to assist you in your case.
The statute of limitations differs depending on the state and nature of the legal claim. However, in general, you have two years from the date of the diagnosis to file a lawsuit. Your lawyer can provide you with advice on your specific situation and provide a timeline to file.
A recent case illustrates the importance of having a seasoned attorney on your side during a medical malpractice lawsuit. RY was suffering from a serious case of Grade 1 Erb’s paralysis, or severance of nerves in the upper region of his right arm. This was caused by an array of medical mistakes made by the Royal Berkshire Hospital staff during the delivery. These included the use of too much pressure and inadequate treatment of shoulder dystocia, a life-threatening complication.
Mediation or Arbitration
The first step is to talk with an experienced attorney. Erb’s Palsy lawsuits are complex and it is recommended to speak with an attorney prior taking any action. In many cases, lawyers will provide a no-cost consultation.
Most Erb’s palsy lawsuits are settled without a court hearing. A knowledgeable attorney can help you get the amount you’re due, without the hassle of the court trial. During the mediation process each party will present their arguments and evidence. This could include medical records as well as personal statements of witnesses. If the doctors don’t come to an agreement the case will be heard in court.
A judge or jury will listen to both sides and decide on the winner. The winner will receive a settlement amount that is designed to satisfy both parties.
You could qualify to receive financial assistance if choose to attend mediation. This could cover the cost of therapy, adaptive devices, and ongoing treatment. You can also use the money to cover other expenses, such as loss of wages or emotional trauma. It could also help provide a secure future for your child. A lawyer can help you determine your options and pick the best option for your family. The more information you have the better your odds of a positive outcome.
Complaints in Court
A family can claim compensation if a child develops erb’s syndrome due to a medical error during birth. A trustworthy New York birth injury attorney can explain the procedure and argue for the highest possible settlement in the case. Damages could include hospitalization, physical therapy and rehabilitation costs, future expenses for home care and medical equipment as in addition to lost wages.
Most cases of Erb’s Palsy are caused by medical mistakes made during vaginal or C-section birth. Doctors can pull too hard when trying to deliver babies. In addition, doctors may use forceps, vacuum extractors, or other tools in the wrong way. This can put too much pressure on the infant’s head and shoulder, causing an injury referred to as shoulder dystocia.
Both gestational diabetes and breech births increase the risk of injury during the delivery. These women typically have bigger babies than the normal, which can place additional pressure on shoulders and arms.
Sending a demand letter to the hospital or doctor of the defendant is the first step in filing a lawsuit. The letter should contain information of your child’s injuries and how you think the negligence occurred. The defendant has 30 days to respond before the discovery process begins. This is when your attorney will ask for expert witness opinions or additional medical records and more.
Settlement
Settlements are the monetary compensation that families receive following the filing of an action against a hospital physician, doctor, or other medical provider for negligence that led to an Erb’s Palsy in a child. This money is meant to pay for costs like therapy, treatments, adaptive gear for the school and at home, and much more.
The majority of Erb’s palsy cases are resolved outside of court. This is more efficient for everyone involved and avoids the possibility that a jury’s verdict could be overturned on appeal. It also means less risk for families, who can recover compensation more quickly than if they took 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 far. It can occur in both vaginal births and c section. This is more frequent when doctors don’t take seriously and give birth to a child too big for the mother’s pelvic bone, or if it is breech (feet first).
You should seek out an attorney immediately if you suspect that medical malpractice occurred during the birth of your child. A lawyer with a specialization in birth injuries will have the expertise and knowledge required to make your claim in a timely manner. Contact Hampton & King to schedule a consultation with a skilled Erb’s PALSY attorney.