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Erb's Palsy Settlement
Children who are born with Erb's palsy may be able to receive compensation for their injuries. An experienced attorney from Sokolove Law can help you learn about the legal process and how to file a suit.
A settlement may cover medical expenses and other expenses that are associated with the child's care. It is essential to speak with an attorney from Erb's Palsy as soon as you can so that you don't miss any deadlines.
What is a settlement?
A settlement is a kind of mutual agreement between two parties that settles an issue without the need for court proceedings. It is a helpful tool in civil litigation since it helps parties save time and money by the time and expense of a lengthy legal procedure.
Settlements for Erb's Palsy is awarded to families affected by medical malpractice during childbirth. The cause of this condition is a number of factors, but is most often the result from improper delivery methods. When doctors and nurses do not adhere to the correct standards of care for infants, they can suffer serious injuries, such as shoulder dystocia and brachial plexus injury.
If a child has been diagnosed with this condition, it is vital to talk with an experienced Erb's Palsy attorney whenever you can. You may be entitled to an settlement to help you pay for your child's care, but filing late or committing mistakes on the paperwork can result in you not receiving the compensation you deserve.
Your lawyer will submit a court case to initiate the legal process. This is a formal statement that details the injuries your child sustained and how they were caused due to medical negligence during the birth. Your legal team will then present the evidence before a judge and jury who will determine how much compensation (if any) you are owed.
How do I file suit?
You could be entitled to compensation if you child developed Erb’s palsy due to medical negligence. Our attorneys will help you through the legal process and will work to secure the compensation you deserve.
Erb's spalsy can develop when doctors pull too hard on a baby’s head, arms or neck during vaginal delivery or a c-section. This can cause tears or stretching of nerves in the brachial area that regulate movement and the sensation of the arm. It is typically caused by a difficult birth or a breech birth, and can be avoided by taking care of it properly.
Some babies recover on their own while others are permanently disabled. However, the majority of families are sued because they believe the doctor Erb's palsy should have been aware that traction could be dangerous and should have taken action to prevent injury.
Our lawyers will assess your case at no cost and determine if you're eligible to receive compensation. If you're qualified we'll help file your claim within your state's statute of limitations, which differs by state.
Our lawyers will also gather evidence to support your claim, such as medical documents and expert reports. We then negotiate to settle the case with the defendant outside of court, or proceed to trial. We've helped many families get millions of dollars in settlements, but individual cases differ.
What do I have to lose if I win a lawsuit?
The odds of winning a lawsuit are contingent on the extent of the injury and whether negligence can be proved. An experienced Erb's Palsy attorney can assist you to determine the strength of your case and fight for the most compensation.
The brachialplexus is a group of nerves, which provide feeling and coordination to muscles of your arm. Any forceful stretching or pulling on the head, shoulder or arms that stretch these nerves could cause damage and lead to an injury like Erb's palsy. These injuries may be short-term and rehabilitated with therapy. In other instances the injury is permanent and will have a major impact on your child's life.
Although obstetricians are educated to recognize the risk of shoulder dystocia, and take the appropriate precautions during birth, this condition can still occur. The brachial plexus injury is thought to be caused by approximately 50 percent of vaginal births.
Medical negligence is usually the cause of this type injury. Parents whose children have this condition should consult an experienced Erb’s Palsy lawyer to look into the situation. The legal process can be a bit complicated and time-consuming, but the amount of money you receive could help cover costs related to your child's treatment and care. This includes medical expenses as well as therapy costs and other expenses due to the disability.
What compensation should I be expecting?
The cost of raising a child suffering from Erb’s palsy is high. The amount you are awarded from a successful lawsuit can be used to pay for these expenses. Especially in lower-income households, this financial assistance can be a huge help.
In certain cases Erb's palsy settlements could be worth millions of dollars. This is due to the serious nature of the injuries as well as the extent of malpractice. However every case is unique and there are many factors that come into play.
If you file a claim, your lawyer will gather evidence and determine the source of the injury. The lawyer will also determine the future costs of treatment and care that your child might require in order to determine the value of a case. This can be used to negotiate with the defendants in your lawsuit.
Once your legal team has completed the procedure, they will submit your Erb's palsy lawsuit with the courts. The defendants then have 30 days to respond to the claim. Your lawyer will now prepare for trial, if needed.
If medical negligence is the root cause of your child's injury to the brachial-plexus It is imperative to file suit. If you do this, you can pursue justice and ensure that your child has the resources they require to lead an enjoyable life. To find out more about your rights, you can contact an New Jersey Erb’s Palsy attorney.
