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erb's palsy law firm kansas occurs when a nerve bundle known as the brachial complex is stretched or torn during the delivery. This injury can be caused either due to medical negligence or a complicated birth. The majority of these lawsuits will result in a settlement, rather than going to trial. But the process can vary drastically from case-to-case. The Statute of Limitations Children who suffer from problems with the brachialplexus the nerve bundle that runs from the spine and down each arm, could be eligible for Erb's Palsy settlement. This bundle of nerves provides movement and sensation to the hand, shoulder and fingers. In most cases it's due to medical errors during labor and birth typically, the doctor using too much force to deliver the baby, or making the head deliver before the shoulders have been fully delivered. A medical malpractice case for this condition could result in a large settlement, especially in the most severe cases when the injury is permanent. This is the reason it's important to have a seasoned lawyer to your side. A reputable Erb's Palsy/Brachial Plexus birth injury lawyer has the capacity to collect medical records and talk to medical experts who can support your case. The statute of limitations differs according to state and type of legal claim. In general you have two years from the date of the diagnosis to file a lawsuit. Your lawyer can provide information regarding your situation and a timeline. A recent case illustrates the importance of having a seasoned attorney on your side in a medical malpractice case. RY was diagnosed with a serious case of Grade 1 Erb’s palsy or severance of nerves in the upper portion of his arm. This was caused by an array of medical mistakes committed by the Royal Berkshire Hospital staff during his birth. This included the use of too much pressure as well as the ineffective treatment of shoulder dystocia, an emergency complication. Mediation or Arbitration The first step is to talk with an experienced attorney. Erb's palsy lawsuits are complex, so it is imperative to have an attorney examine your case prior to taking further action. In most cases, lawyers will start with a free consultation. Most of the Erb's palsy lawsuits have been resolved outside of court. A competent lawyer can help you receive the compensation you deserve without the stress of an appeal. In mediation, both parties present their arguments and evidence. This could include medical records or personal testimony of witnesses. If the doctors aren't able to reach an agreement the case will be heard in court. In an instance of trial, a judge or jury will be able to hear both sides of the case and then decide on a winner. The winner will receive a settlement amount that is designed to satisfy both sides. You could be eligible for financial assistance if you decide to seek mediation. This could pay for the cost of therapy, adaptive equipment, and ongoing treatments. You could also use the compensation to pay for other expenses such as lost wages or emotional trauma. It can also offer a secure future for 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 greater your chances of a successful outcome. Complaint to the Court When a child suffers erb's syndrome due to an error in the medical system during birth, a family member can bring a lawsuit to recover compensation. A New York birth injury lawyer can explain the procedure to you and advocate to get a settlement at the highest level possible. The damages can include costs for physical therapy, hospital and rehabilitation costs, future costs for in-home care, special medical equipment and lost wages, as well as past and future pain and suffering, and more. Common cases of Erb's syndrome involve medical mistakes during vaginal or C-section delivery. Doctors can pull too hard when trying to deliver a baby. In addition, doctors may use forceps or vacuum extractors incorrectly. This can cause excessive pressure on a baby's head or shoulder, causing the condition known as shoulder dystocia. Both gestational diabetes as well as breech deliveries increase the risk of injury occurring during the delivery. These women usually have babies that are larger than typical, which could put more pressure on the shoulders and arms. Sending an official demand letter to a defendant doctor or hospital is the first step to filing a suit. This letter should detail the injuries suffered by your child and the reasons 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, medical records as well as other documents. Settlement A settlement is monetary compensation the family receives from a hospital, doctor or other medical provider after filing a lawsuit for errors that led to a child's Erb's palsy. This money is meant to pay for expenses such as therapy, treatment as well as adaptive equipment for the school and at home and many more. The majority of Erb's palsy settlements are concluded outside of court. This is more effective for everyone involved and eliminates the risk that a jury's verdict could be overturned in appeal. It also reduces the risk for families, who can receive compensation quicker than if they took their case to trial. Erb's Palsy is caused when a baby's shoulders are resting on the pelvic bone, or when their arms are pulled too hard. It can occur in both a vaginal and a C section. It is more common when doctors don't care and deliver a baby too big for the mother's pelvic bone, or if it is breech (feet first). It is important to find an attorney immediately you suspect medical negligence at the time of the birth of your child. A lawyer who specializes in birth injuries has the expertise and experience necessary to ensure your child's claim is handled correctly. Call Hampton & King to schedule a consultation with a skilled Erb's PALSY attorney.