Erb's Palsy Settlement
Children born with Erb’s palsy may be eligible for compensation. Learn about the legal process and how to make a claim with help from an experienced lawyer at Sokolove Law.
A settlement can pay for medical costs and other costs associated with the child's care. It is essential to talk with an Erb's Palsy attorney immediately to avoid missing any deadlines.
What is a settlement?
A settlement is an agreement between two parties to settle any dispute without court proceedings. This is an important instrument in civil lawsuits because it lets the parties save time and money by avoiding the long legal process of litigation.
An Erb's palsy settlement is a form of compensation awarded to families affected by medical malpractice during childbirth. This condition can be caused by a variety of causes, but the most of the time, it's due to improper delivery techniques. When doctors and nurses fail to adhere to the appropriate standards of care, babies can suffer serious injuries, such as shoulder dystocia and brachial nerve injury.
It is important to talk with an Erb's Palsy lawyer at the time the child is diagnosed with the condition. You could be eligible for a settlement to help pay for the future care of your child, however filing late or making errors in the documents could result in you not receiving the compensation that you deserve.
To begin the legal process, your lawyer will file a complaint in the court. This is a formal record that outlines the injuries your child sustained and how they were caused due to medical negligence during birth. Your legal team will then present the evidence before a judge and jury who will decide how much compensation (if any) you are entitled to.
How do I file a suit?
If your child was born with Erb's palsy as a result of negligence by a medical professional, you may be entitled to compensation. Our attorneys will help you through the legal process and help you receive the compensation you require.
Erb's spalsy can develop when doctors pull too forcefully on a baby’s head, arms or neck during vaginal delivery or a C-section. This can stretch or tear nerves in brachial plexus that control movement and sensation of the arm. It is often caused by a difficult delivery or a breech birth, and can be avoided by taking care of it properly.
Some babies recover from the injury on their own and others remain disabled. However, most families file lawsuits because they believe the doctor should have been aware that traction was risky and should have taken the necessary steps to avoid injury.
Our lawyers will evaluate your case for free to determine if you are qualified to receive compensation. If you're eligible we'll assist you in filing an application within the state's statutes of limitations.
Our lawyers will also gather evidence to prove your case, including medical documents and expert reports. We then negotiate a settlement of the case with the defendant outside of court, or to go to trial. We've helped countless families receive millions of dollars in settlements, but individual cases differ.
What do I have to lose if I win a lawsuit?
The probability of winning a lawsuit depends on the severity of an injury and the ability to prove negligence. A skilled Erb's Palsy lawyer can help you assess the potential strength of your case and help you get the highest compensation possible.
The brachialplexus is a group of nerves that provides feeling and coordination to muscles of your arm. These nerves may be damaged by stretching or pulling the arms, shoulders, or heads. This can cause injuries such as Erb's 'Palsy. In some cases the injuries are only temporary and can be treated through therapy. In other instances, the injury may be permanent and have a significant impact on your child.
Even though obstetricians have been trained to recognize the dangers of shoulder dystocia and to take the appropriate precautions during the delivery However, this condition could still occur. Brachial plexus injuries are thought to be caused by around 50 percent of vaginal births.
It's often a result of medical negligence that causes this type of injury, and parents who have children with this condition should consult an expert Erb's Palsy lawyer to examine the case. The legal process can be lengthy and complex, yet financial compensation may be able to cover the cost of your child's treatment and medical care. This includes medical costs and therapy as well as other costs due to the disability.
How much compensation should I anticipate?
The cost of caring for a child suffering from Erb's syndrome can be high. The amount you are awarded from a successful lawsuit can aid in covering these expenses. This financial assistance is especially crucial for families with lower incomes.
In some cases Erb's palsy settlements may be worth millions of dollars. This is due the severity of the injuries as well as the extent of malpractice. Each case is unique and many factors are at play.
When you file a claim, your lawyer will work to gather evidence and determine the cause of the injury. The lawyer will assess the future costs of treatment and care your child may require to establish the value of a case. This could be used as a bargaining chip with the defendants of your lawsuit.
After your legal team has completed the procedure and is ready to make a court filing for Erb's palsy. The defendants have 30 calendar days to respond. erb's palsy law firm carrollton is now able to prepare for trial, if necessary.
It is important to file a lawsuit if medical negligence caused your child's brachial and plexus injury. By doing so you can seek justice and ensure that your child has the resources they need to live a happy life. To find out more about your rights, speak to an New Jersey Erb’s Palsy attorney.