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Erb's Palsy Settlement
Children born with Erb's palsy could be eligible to receive compensation. Learn more about the legal process and how to file a lawsuit with help from an experienced attorney at Sokolove Law.
A settlement can pay for medical expenses as well as other costs that are associated with the child's care. However, it's important to consult with an Erb's Palsy lawyer as soon as possible to ensure you do not miss any deadlines.
What is a settlement?
A settlement is a mutual agreement between two parties to settle disputes without the necessity of court procedures. This is an important tool in civil lawsuits because it allows parties to save time and money by avoiding the long legal process of litigation.
An Erb's Palsy settlement is a type of compensation that is awarded to families who have been affected by medical malpractice during childbirth. The condition can be caused by a variety of causes, but usually it is caused by improper delivery techniques. When doctors and nurses do not adhere to the correct guidelines for care, infants may suffer serious injuries like shoulder dystocia and brachial plexus injury.
If your child is diagnosed with this condition, it is crucial to consult with an experienced Erb's Palsy attorney as soon as you can. You could be eligible for a settlement that will help pay for your child's future care, but filing late or making mistakes with the paperwork can cost you the money you deserve.
To begin the legal process your lawyer will file a formal complaint in court. It is a formal document that details the injuries your child suffered and how they were caused due to medical negligence at the time of birth. Your legal team will then present the evidence to a judge and jury who will decide the amount of compensation (if any) you are entitled to.
How do I start a lawsuit?
You may be eligible for compensation if you child developed Erb's Palsy because of medical negligence. Our attorneys make the legal process simple and will help obtain the funds you need.
Erb's Palsy can occur when doctors pull too hard on the neck, head or arms during a vaginal birth or a c-section. This can stretch or tear the nerves of the brachial nerve, which regulates movement and the sensation of the arm. It is often caused by a difficult delivery or a birth that is breech, and can be prevented with the right medical treatment.
Some babies recover from this injury on their own, and others remain disabled. However, erb's palsy attorneys tennessee bring lawsuits because they believe the doctor should have known that traction is dangerous and should have taken the necessary steps to prevent injury.
Our lawyers will review your case free of charge and determine if you're eligible for compensation. If you're eligible we'll assist you in filing an application within the state's statutes of limitations.
Our lawyers will also collect evidence to support your claim, such as medical documents and expert reports. We will then negotiate with the defendant to resolve your case outside of court or bring it to trial. We've assisted many families to get millions in settlements, but each case is unique.
What are my chances of winning a lawsuit?
The probability of winning a lawsuit is contingent on the severity of an injury and the ability to prove negligence. A knowledgeable Erb's Palsy lawyer will help you determine the worth of your case, and fight for the most amount of compensation possible.
The brachialplexus is a set of nerves, which provide sensation and coordination to the muscles of your arm. Any forceful stretching or pulling on the shoulder, head or arms that stretch the nerves can cause damage and cause injuries like Erb's palsy. These injuries may be short-term and improved through therapy. In some instances the injury could be permanent and have a severe impact on your child.
Even though obstetricians are trained to recognize the dangers of shoulder dystocia, and take appropriate precautions during the delivery However, this condition could still occur. In fact, it's estimated that around 50 percent of cases that involve brachial plexus injuries are due to simple vaginal deliveries.
It's often a result of medical negligence that causes this type of injury. Parents who have children suffering from this condition should consult an experienced Erb's Palsy attorney to investigate the case. The legal process can be time-consuming and complicated, but the financial compensation you receive could cover the costs of the treatment and care for your child. This includes medical costs, therapy and other costs caused by the disability.
How much compensation will I receive?
The cost of caring for a child with Erb's palsy can be very high. Compensation from a successful suit could be able to help pay for these expenses. Especially in lower-income households, this financial assistance can be a huge help.
In certain cases Erb's palsy settlements may be worth millions of dollars. This is due to the severe nature of the injuries as well as the extent of negligence. Every case is unique and many factors are at play.
Your lawyer will gather evidence to determine the source of your injury. They will then determine any future medical or treatment costs your child may require to establish a case value. This could be used as a bargaining chip to the defendants in your lawsuit.
Once your legal team has completed this procedure they will file your Erb's palsy lawsuit with the courts. The defendants have 30 days to respond. At this point, your lawyer can prepare for trial, if necessary.
It is important to bring a lawsuit in the event that medical negligence caused your child's brachial or plexus injury. In doing this you can seek justice and ensure that your child has the resources they require to live a happy life. To find out more about your rights, speak to an New Jersey Erb’s Palsy attorney.