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Erb's Palsy Settlement Erb's Palsy happens when a bundle of nerves called the brachial nerve plexus is stretched or torn in the course of delivery. The injury can be caused by negligence in the medical field or a complicated delivery. The majority of these lawsuits are settled outside of the courtroom. However, the process may differ drastically from case-to-case. The Statute of Limitations The Erb's-Palsy settlement is possible for children who suffer from injuries to the brachial canal, which extends from the spine through the neck and down the arm. This bundle of nerves is responsible for the sensation and movement in the fingers, hands, and shoulder. Most often, it's caused by medical mistakes during labor and delivery. For erb's palsy attorney north charleston might have applied too much force when giving birth or delivered the head before the shoulders had been fully delivered. A medical malpractice lawsuit for this kind of injury could result in a substantial settlement, particularly in serious cases when the injury is permanent. This is the reason it's important to have a skilled lawyer on your side. A qualified Erb's palsy/brachial plexus birth injury lawyer will have the resources necessary to collect medical records as well as consult with medical experts who can help assist you in your case. The statute of limitations varies according to state and nature of the legal claim. In general you have two years from the date of the diagnosis of your child to file a lawsuit. Your lawyer will be able to provide information regarding your situation and an outline of the timeline. Recent case highlights the importance to have a seasoned attorney by your side when filing the medical malpractice lawsuit. RY was diagnosed with a serious case of Erb's Palsy Grade 1 or severance of nerves in the upper portion of his arm. This was caused by several medical mistakes made by the Royal Berkshire Hospital staff during the delivery. This included the use of too much pressure as well as the ineffective treatment of shoulder dystocia, an emergency problem. Mediation or Arbitration The first step is to talk with an experienced attorney. Erb's Palsy lawsuits may be complex and it is recommended to consult an attorney before taking any action. In most cases, lawyers will offer a free consultation. The majority of Erb's Palsy lawsuits settle without trial. A skilled lawyer can help you receive the compensation you deserve without the stress of the trial. During the mediation process both sides will be able to present their arguments and evidence. This could include medical records and personal statements of witnesses. If the doctors are unable to reach an agreement then the case will be heard. A judge or jury will consider both sides and decide the winner. The winner will receive a settlement amount that is designed to satisfy both sides. If you decide to bring your case to mediation, you might be able to get financial assistance for your child's needs. This can cover the cost of therapy, adaptive equipment, and ongoing treatments. The money you receive could help with other costs including loss of wages and emotional trauma. It can also provide the security of your child. Your lawyer can assist you to understand your options and choose the best option for your family. The more information you have the better your odds of a successful outcome. Complaint to the Court When a child suffers erb's palsy because of an unintentional medical error during birth, a family can pursue a lawsuit seeking compensation. A trustworthy New York birth injury attorney can explain the process and fight for the highest possible settlement in the case. The damages can include the cost for physical therapy, hospital and rehabilitation costs, future costs for home-based care, medical equipment, lost wages, past and future suffering and pain, and more. The most common cases of Erb's palsy involve medical errors that occur during vaginal delivery or C-section birth. Doctors may pull too hard when trying to deliver the baby. Or, they may utilize forceps or vacuum extractors incorrectly. This could put too much pressure on the infant's head and shoulder and cause an injury known as shoulder dystocia. Both gestational diabetes as well as breech deliveries increase the chance of injury during the delivery. Women with these conditions often have babies that are larger than normal which puts more pressure on shoulders and arms during the birth. The first step in filing a lawsuit is to send an order letter to the hospital or doctor of the defendant. The letter should contain information about your child's injuries, and the reason you believe negligence occurred. The defendant will then have 30 days to respond before beginning the discovery phase. Your attorney will then ask for expert witness testimony, medical records as well as other documents. Settlement A settlement is monetary compensation a family receives from a hospital, doctor or another medical professional following the filing of a lawsuit for errors that led to Erb's palsy in a child. This money is intended to pay for costs like therapy, treatment and adaptive equipment for the school and at home and many more. The majority of Erb's palsy cases are resolved outside of court. This is more effective for everyone involved and eliminates the risk that a jury's decision could be rescinded on appeal. Families can also seek compensation quicker than if their case went to trial. Erb's palsy occurs when the baby's shoulders are stuck on the pelvic bone that is in the mother's pelvis or their arms become pulled too tight during the birth. This can happen in both vaginal and C section. It's more common when doctors aren't careful and try to birth a baby that is too big for the pelvic bone of the mother or is being presented as a breech birth (feet-first). You should consult an attorney right away if you suspect that medical malpractice occurred during the birth of your child. A lawyer that specializes in cases of birth injuries has the experience and knowledge required to ensure the claim of your child is filed correctly. Call Hampton & King to schedule an appointment with an experienced Erb's PALSY attorney.