Parents like you care deeply for their children and wish they could keep them healthy. Unfortunately, you’re not always in direct control of your child’s health. Medical professionals who commit malpractice during your child’s birth can transform the life of your infant – and not for the better.
Your child could develop symptoms of Erb’s palsy if a doctor pulled or damaged their neck or shoulder during birth. If you notice your child has symptoms of Erb’s palsy, you can take your doctor and hospital to court. Our birth injury lawyers in Pennsylvania can help you submit the documents needed to fight for compensation for your losses.
For a free legal consultation with Pennsylvania Erb’s Palsy lawyer, call 1-800-222-9529
Understanding an Erb’s Palsy Diagnosis
Erb’s palsy is not genetic. Rather, it develops after a child undergoes significant trauma during the birthing process. Doctors who use inappropriate force to remove a child from their mother can cause Erb’s palsy.
Children who suffer from this can endure paralysis, reduced nerve sensitivity, reduced arm motion, and long-term muscle weakness. Physical therapy can help some children improve their mobility over time. More severe cases of Erb’s palsy threaten to impact a child’s wellbeing for the rest of their lives.
Knowing your child’s right to full mobility was compromised by medical negligence is infuriating. Fortunately, the relationship between an Erb’s palsy diagnosis and medical negligence is well-documented. If your child is diagnosed with this condition, we can help you bring your case to court and win cash compensation to pay for your child’s care.
Pennsylvania Erb’s Palsy Lawyer Near Me 1-800-222-9529
Addressing Erb’s Palsy Losses in a Civil Complaint
Before you can file an Erb’s palsy medical malpractice complaint, you need to have the right to represent your child in court. To do so, you must file a petition to be elected your child’s guardian ad litem. We can help you do this.
Once you’ve been elected into this position, you can work with a Pennsylvania Erb’s palsy attorney to build your complaint. Your medical malpractice complaint needs to highlight:
- The name of the party allegedly liable for your child’s losses
- The extent of your child’s Erb’s palsy symptoms
- A third-party diagnosis
- The dollar value of your and your child’s losses
If you can present evidence of a reasonable connection between a hospital’s negligence and your child’s Erb’s palsy symptoms, a county clerk can carry your case forward to a judge. From there, you can receive the right to summon your liable party for either negotiations or a trial.
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How Much Is My Child’s Erb’s Palsy Case Worth?
Calculating the full value of your case isn’t easy. Most parents do not know what they can claim when they file a lawsuit, especially for malpractice cases. This is where hiring a lawyer can be an incredible benefit. Filing a claim for too little can leave your family broke even if you win.
Under Pennsylvania law, you can claim compensatory damages in your malpractice claim. These include, but are not limited to:
- All medical expenses related to your child’s injury, including payments in the future
- Any lost wages due to caring for your baby’s needs
- All out-of-pocket expenses related to your child’s Erb’s palsy
- Pain and suffering for your baby
In some cases, a doctor’s actions can be so terrible that a court may also award punitive damages. This is a punishment against defendants that will give your family more money. These are decided by the judge and jury if your case goes to trial.
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File Your Civil Complaint Within Pennsylvania’s Statute of Limitations
You must get all your medical malpractice paperwork to a circuit court within Pennsylvania’s statute of limitations. This statute, 42 Pa.C.S. § 5524, allows you to take two years to file your lawsuit.
Your case doesn’t have to be watertight when you first submit your complaint. Rather, you must turn in a complaint that indicates a reasonable connection between a liable party and your losses within that deadline. Try to file after that two-year deadline and you will see your complaint rejected.
If you are getting close to your deadline, talk to a Pennsylvania Erb’s palsy attorney. Pennsylvania allows parents to pursue medical malpractice suits within two years of either a child’s initial injury or the discovery of that injury. We can look at your child’s medical history and determine whether you still have time to file on their behalf.
Preparing for Erb’s Palsy Settlement Negotiations
The medical professionals who help you with your child’s birth are protected by their institution’s legal team. That legal team may reach out to you with a settlement offer before you’ve had time to discuss your losses with an attorney once they know you’re considering a lawsuit.
Hospitals make settlement offers to avoid trials. Settlement offers do let you get money faster than going through the court system. However, they can also undersell the extent of your and your child’s damages. If you receive a settlement offer, do not accept it. It’s in your best interest to share that offer with an attorney as soon as possible and let them evaluate it before you accept.
We calculate an estimate of your case’s compensation before submitting your complaint to a circuit court. You can take that estimate to negotiations and elaborate on any losses you think their settlement offer overlooked. We will also represent you throughout this process, helping you fight for the maximum compensation possible.
What to Expect from an Erb’s Palsy Court Case
When you file a legal complaint, a trial may seem like the next natural step. If negotiations don’t go well, it may well be. Most cases settle out of court or get dropped before they reach trial. Even so, you’ll want to take the time to prepare yourself for court before your case proceeds.
Like many civil cases, Erb’s palsy trials begin with discovery. Discovery lets you and the defendant request information regarding your losses and alleged liability. An attorney can guide you through this process and ensure that any answers you give to a defendant’s questions reflect back on your initial claim.
From there, you’ll move to trial. Our attorneys will fight for your claim through opening statements, witness testimony, cross-examination, and closing statements. When the time comes, we’ll stand with you through a judge and jury’s verdict.
If the court comes to a decision you don’t agree with, we can begin the appeal process. If you win, we will ensure the defendant pays what you’re owed according to the court judgment.
Working With an Erb’s Palsy Lawyer
Representing a child in court can be challenging for several reasons. As a new parent, you have to contend with the stress of raising your child and complying with the laws designed with both your and your child’s best interests in mind.
Instead of learning the law on your own and possibly losing your case on a technicality, you can turn to one of the attorneys with our team. Our Pennsylvania Erb’s palsy lawyers want to make it as easy as possible for you to fight for the compensation your child deserves. That’s why we offer:
- Communicative management
- Precedent-based compensation estimates
- Legal representation in negotiations and trials
- Deadline management
- Investigative services
Whether you need us to secure witnesses for testimony or talk with a liable party, we stand alongside you. You can learn more about which of our services may best suit your needs during your initial case consultation.
What Should I Bring to the Consultation?
To help us evaluate your claim faster, you can bring evidence to support your case to the consultation. We can use this evidence later to prove malpractice and the value of your claim. Having this information isn’t required before calling us.
- Your child’s medical records
- Any photographs of your child’s Erb’s palsy, especially soon after birth
- Medical bills related to your child’s care
- Proof of lost wages from caring for your child
- Contact information for any witnesses in the birth room that weren’t part of your medical team
Conquer Erb’s Palsy Expense With Our Team
Challenging a hospital’s legal team in court can be intimidating. There’s no reason to contend with the legalities of a medical malpractice suit on your own, though. Instead, you can turn to our Erb’s palsy lawyers in Pennsylvania.
You can contact us to schedule a case evaluation over the phone or through our website. We can assess the extent of your losses and make sure you and your child have the proper representation. We’re ready to be here for you, whether you want to pursue negotiations or a traditional trial.