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Erb's Palsy Settlement Erb's palsy is a condition that occurs when a bundle of nerves called the brachial nerve plexus is stretched or torn during delivery. The injury could be caused by medical negligence or a complicated delivery. The majority of these lawsuits will result in a settlement and not going to trial. The process may differ from case to case. The Statute of Limitations The Erb's-Palsy settlement is possible for children suffering from injury to the brachial canal, that runs from the spine to the neck and down each arm. This bundle of nerves provides movement and sensation to the hand, shoulder, and fingers. In most cases it's caused by medical errors during labor and birth typically, doctors using too much force to deliver the baby, or giving the head away before the shoulders are fully delivered. A medical malpractice case for this issue could result in a large settlement, particularly in serious instances where the injury is permanent. This is the reason it's important to have a skilled lawyer to your side. A quality Erb's palsy/brachial plexus birth injury lawyer will have the ability 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 the legal claim. In general, you are allowed to file a lawsuit for up to two years from the date that your child was diagnosed before you can bring a lawsuit. Your lawyer can guide you through your particular situation and provide a timeline to file. Recent cases show the importance having an experienced attorney by your side when filing an action for medical negligence. RY suffered from a severe case of Erb's palsy Grade 1, or severance of nerves in the upper part of his right arm. This was due to numerous mistakes made by the medical staff of Royal Berkshire Hospital during his delivery, including the use of excessive force and the ineffective treatment of the complication that was in need of immediate attention known as shoulder dystocia. Arbitration or Mediation Contact an experienced lawyer whenever you can. Erb's palsy suits can be complex, so it is imperative that a lawyer review your case prior to taking further action. In most cases, lawyers will begin with a no-cost consultation. Most of the lawsuits filed by Erb's palsy are resolved outside of court. An experienced lawyer can help you receive the amount you deserve without the stress of the court trial. During the mediation process both sides will present their arguments and evidence. This could include medical documentation and personal accounts of witnesses. If doctors are unable to come to an agreement the case will be tried. In a trial, a judge or jury will listen to both sides of the story and decide who is the winner. The winner will be awarded a settlement intended to satisfy both parties. You could be eligible for financial aid if you decide to attend mediation. This can cover the costs of therapy equipment, adaptive devices, and ongoing treatment. You could also use the compensation to cover other expenses, such as lost wages or emotional trauma. It could also help provide a secure future for your child. Your lawyer can help to understand your options and choose the most suitable option for your family. The more information you can gather, the better your chances of a successful outcome. Complaints in Court A family may seek compensation if a child is diagnosed with erb's palsy because of a medical error during birth. A reputable New York birth injury attorney will be able to explain the procedure and fight for the best settlement in the case. The damages can include costs for physical therapy, rehabilitation and hospital costs, future expenses for home care, specialized medical equipment as well as lost wages, the past and future suffering and pain and more. Erb's spalsy is usually caused due to medical errors that occur during the vaginal delivery or C-section. Doctors may pull too hard when trying to deliver a baby. Doctors may also employ forceps, vacuum extractors or other tools incorrectly. This could put too much pressure on the infant's shoulder and head, causing an injury referred to as shoulder dystocia. Both gestational diabetes and breech births increase the risk of injuries during the delivery. These women often have bigger babies than the average, which can put additional pressure on shoulders and arms. Sending an email to the hospital or doctor of the defendant is the first step towards filing a lawsuit. The letter should outline the child's injuries as well as how you believe that negligence occurred. The defendant has 30 days to respond prior to the discovery phase beginning. Your attorney will request expert witness testimony, additional medical records as well as other documents. erb's palsy law firm thousand oaks is a monetary payment families receive following the filing of an action against a hospital or doctor, or any other medical provider for negligence that resulted in an Erb's-Pallsy in the child. The money is intended to cover expenses such as therapy, treatment and adaptive equipment for the home and school and much more. The majority of Erb's palsy settlements have been made outside of court. This is more efficient for everyone involved and reduces the chance that a jury's decision could be overturned in appeal. It also reduces the risk for families, who could obtain compensation more quickly than if they took their case to trial. Erb's Palsy is caused when the baby's shoulders are caught on the mother’s pelvic bone, or if their arms are pulled too tightly. This can occur during both vaginal as well as a C-section. This is more common when doctors don't 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 consult an attorney as soon as you suspect medical malpractice at the birth of your child. A lawyer who is specialized in birth injury cases will have the expertise and knowledge required to complete your child's claim in a proper manner. Call Hampton & King to schedule a consultation with a skilled Erb's Palsy attorney.