Erb's Palsy Settlement Erb's Palsy occurs when the brachial plexus nerve bundle is stretched or torn at delivery This injury can be caused either through medical negligence or an uncomplicated birth Most of these lawsuits end with a settlement instead of going to trial The process may differ from case to case The Statute of Limitations An Erb's palsy settlement can be possible for children suffering from damage to the brachial nerve, that runs from the spine, through the neck and down each arm This nerve bundle is responsible for the sensation and movement in the fingers, hand, and shoulder Most often, it's caused by medical mistakes during labor and delivery For instance, a doctor may 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 large payout, especially in severe cases where the damage is permanent This is why it's crucial to have a seasoned lawyer to your side A reputable Erb's palsy/brachial-plexus birth injury lawyer will have the resources necessary to gather medical records as well as consult with medical experts who can help support your case The statute of limitations varies by state and by the type of legal claim In general, you can file your claim up to two years from the date your ***** was diagnosed before you can file a lawsuit Your lawyer can provide advice on your situation and a timetable A recent case illustrates the importance of having a seasoned attorney by your side in a medical malpractice lawsuit RY was diagnosed with a serious case of Grade 1 Erb’s palsy or severance of nerves in the upper part of his arm This was the result of a catalogue of mistakes by medical personnel at Royal Berkshire Hospital during his delivery as well as the use of excessive force and inadequate treatment of the complication that was in need of immediate attention known as shoulder dystocia Arbitration or Mediation Contact an experienced lawyer immediately Erb's palsy lawsuits can be complex and it is important to have an attorney examine your case prior to taking any further action In many instances, lawyers will provide a no-cost consultation Most Erb's palsy lawsuits are resolved without a court hearing A knowledgeable lawyer can help you get the compensation you deserve without the stress of a trial During mediation, both sides present their arguments and evidence This could include medical records as well as personal reports of witnesses If the doctors can't reach an agreement, the case will go to trial In a trial, a judge or jury will be able to hear both sides of the story and then decide on a winner The winning party will be awarded a settlement that is intended to satisfy both sides If you decide to bring your case to mediation, you could be able to receive financial aid for your *****'s requirements This could help pay for the costs of therapy equipment, adaptive devices, and ongoing treatment You may also utilize the compensation to cover other expenses, such as the loss of earnings or emotional trauma Additionally, it could give your ***** security for the future Your lawyer can help to understand your options and choose the most suitable option for your family The more information that you have, the better your chances are of a successful result Complaints in Court If a ***** is diagnosed with the condition erb's palsy due to an unintentional medical error during birth, a family can file a lawsuit for compensation A New York birth injury lawyer will be able to explain the procedure to you and fight to get a settlement as high as it is possible The damages can include costs for physical therapy, rehabilitation and hospital costs, future expenses for home care, specialized medical equipment and lost wages, as well as the past and future pain and suffering, and more Most cases of Erb's Palsy are caused by medical mistakes during vaginal or C-section birth Doctors may pull too much when trying to deliver the baby Or, they may use forceps or vacuum extractors incorrectly This could place too much pressure on a baby's head or shoulder, causing an injury known as shoulder dystocia https//vimeocom/707278662 and breech births increase the risk of injuries during the delivery These women typically have bigger babies than typical, which could put additional pressure on shoulders and arms The first step in filing the lawsuit is to send a demand letter to the hospital or doctor who is defendant The letter should explain your *****'s injuries and how you believe the negligence took place The defendant will then have 30 days to respond and start the discovery process Your attorney will then request expert witness testimony, additional medical records and other records Settlement A settlement is a monetary settlement a family receives after filing a suit against a hospital physician, doctor, or other medical professional for negligence that caused an Erb's palsy in a ***** The money is intended to pay for costs like therapy, treatment, adaptive equipment for the home and school, and more The majority of Erb's palsy settlements are done outside of court This is more efficient for everyone involved and eliminates the risk that a jury's decision could be rescinded on appeal Families can also recover compensation quicker than if their case was argued in court Erb's Palsy is caused when a baby's shoulders get resting on the pelvic bone, or if their arms are pulled too far It can happen during both vaginal and C section This is more prevalent 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 is breech feet first You should seek out an attorney immediately if you suspect that medical malpractice occurred during the birth of your ***** A lawyer that specializes in birth injuries will have the expertise and expertise required to make your claim in a timely manner Contact Hampton amp; King today to get a free consultation with an experienced Erb's palsy lawyer