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Erb's Palsy Settlement Erb's palsy occurs when a nerve bundle called the brachial plexus is stretched or torn during delivery. The injury could be caused by medical negligence or a complicated delivery. The majority of these lawsuits are settled outside of court. But the process can vary drastically from case-to-case. The Statute of Limitations An Erb's palsy settlement is possible for children who suffer from injury to the brachial plexus that runs from the spine down the neck and down the arm. This nerve bundle gives movement and sensation to the shoulder, hand and fingers. It's usually caused by medical mistakes made during the labor and birth. For example the doctor might have used too much force when delivery of the baby, or delivered the head before the shoulders had been fully delivered. A medical malpractice suit for this condition could result in a significant settlement, particularly in serious cases when the injury is permanent. It's important to have a lawyer with experience on your side. A reputable Erb's Palsy/brachial-plexus birth injury lawyer will have the resources to collect medical records and talk to medical experts who can help you with your case. The time limit for filing a lawsuit varies depending on the state and nature of legal claim. In general, however you are allowed to file a lawsuit for up to two years after the date on which your child was diagnosed to make a claim. Your lawyer will be able to provide you with advice on your specific case and provide a timeline for filing. A recent case highlights 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 Grade 1 Erb's paralysis, or severance of nerves that run through the upper part of his right arm. It was the result of a series of mistakes made by medical staff at Royal Berkshire Hospital during his delivery and treatment, including the use excessive force and insufficient treatment of the emergency complication known as shoulder dystocia. Mediation or Arbitration The first step is to consult with an experienced attorney. Erb's palsy suits can be complex, so it is imperative that a lawyer review your case before taking any further decision. In many instances, lawyers will provide a no-cost consultation. Most Erb's Palsy lawsuits end up in court. A skilled lawyer can help you receive the money you deserve without the hassle of an appeal. 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 cannot reach an agreement the case will be heard. In the course of a trial, judges or jury will hear both sides of the argument and then decide on a winner. The winning party will be awarded a settlement meant to satisfy both parties. If you decide to take your case to mediation, you may be eligible to receive financial aid to help your child's requirements. This could help pay for the costs of therapy as well as adaptive devices and ongoing treatment. The money you receive could also be used to pay for other expenses, such as the loss of earnings and emotional trauma. It can also ensure the security of your child. Your lawyer can assist you understand your options and select the most appropriate option for your family. The more information you have, and the better your chances of a positive outcome. Complaints in Court If a child is diagnosed with Erb's Palsy as a result of a medical mistake during birth, a family is entitled to pursue a lawsuit seeking compensation. A New York birth injury lawyer will be able explain the process to you and fight for a settlement as high as is possible. Damages could include hospitalization, physical therapy and rehabilitation costs, future expenses for home-based care and medical equipment, as in addition to lost wages. The most common cases of Erb's palsy involve medical mistakes made during vaginal or C-section birth. Doctors may pull too hard when trying to deliver babies. Doctors could also use forceps, extractors or other tools in the wrong way. This could place too much pressure on an infant's head or shoulder, causing the condition known as shoulder dystocia. Gestational diabetes and breech births increase the risk of injuries during birth. These women usually have larger babies than the average, which puts additional pressure on shoulders and arms. Sending a demand letter to a hospital or doctor that is a defendant is the first step in filing a lawsuit. The letter should include information of your child's injuries and the reason you believe negligence occurred. The defendant has 30 days to respond prior to the discovery phase beginning. erb's palsy lawsuit rochester hills will then request expert witness testimony, medical records and other records. Settlement A settlement is a monetary payment a family receives from a doctor, hospital or other medical provider after filing a lawsuit for malpractice that led to Erb's syndrome in a child. The money is intended to cover costs such as therapy, treatment and adaptive equipment for the home and at school and much more. The majority of Erb's palsy settlements are made outside of court. This is more efficient for everyone involved and reduces the chance that a jury's decision may be rescinded on appeal. Families can also recover compensation more quickly than if the case was argued in court. Erb's palsy occurs when a baby's shoulders get stuck on the pelvic bone that is in the mother's pelvis or their arms become stretched too much during birth. It can happen during both vaginal births and C-section. It's more common when doctors don't take care and attempt to deliver a baby who is too big for the pelvic bone of the mother, or is being presented as a Breech birth (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. Call Hampton & King to schedule an appointment with a seasoned Erb's palsy lawyer.