As a parent, caring for your child is one of the most important things you can do. Unfortunately, you’re not always in direct control of your child’s health. Medical professionals who violate the duty of care they owe you during the birthing process can transform your child’s life – and not for the better.
Your child can develop symptoms of Erb’s palsy if a doctor pulled or otherwise damaged their neck or shoulder during birth. If you notice your child contending with these symptoms, you can bring a liable party to court. Our Erb’s palsy attorneys 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. For example, doctors who use inappropriate force to remove a child from their mother can cause Erb’s palsy.
Children who suffer from this medical negligence can subsequently endure paralysis, reduced nerve sensitivity, reduced arm motion, and long-term muscle weakness. Physical therapy can help some children improve their mobility over time. That said, more severe cases of Erb’s palsy threaten to impact a child’s wellbeing for the rest of their lives.
Knowing that your child’s right to full mobility was compromised by medical negligence can be infuriating. Fortunately, the relationship between an Erb’s palsy diagnosis and medical negligence is well-documented. If your child is diagnosed with this condition, you can look to precedent throughout Pennsylvania to help you bring your case to court.
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. 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.
Click to contact our Pennsylvania Erb's Palsy lawyers today
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 gather all your applicable information.
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. Trying to file outside of that two-year deadline can see your complaint rejected.
If you are running behind on your deadline, talk to an attorney. Pennsylvania does allow 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 or not you still have time to file on their behalf.
Complete a Free Case Evaluation form now
Preparing for an Erb’s Palsy Settlement Negotiations
The medical professionals who help you with your child’s birth are protected by their institution’s legal team. As such, that legal team can reach out to you with a settlement offer before you’ve had time to discuss your losses with an attorney.
Hospitals make settlement offers to avoid trials. Settlement offers can hit your bank account before a trial’s turnout. However, they can also undersell the extent of your and your child’s damages. If you receive a settlement offer, it can be in your best interest to share that offer with an attorney as soon as possible.
We calculate an estimate of your case’s compensation before submitting a complaint to a circuit court. You can take that estimate to negotiations and elaborate on any losses you think their settlement offer overlooked. A Pennsylvania Erb’s palsy lawyer can even 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 think about filing a legal complaint, a trial may seem like the next natural step. If negotiations don’t go well, it may well be. Even so, you’ll want to take the necessary 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 a case’s 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 guide you 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. Otherwise, we can be there to celebrate your win with you.
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 forcing yourself to tackle that legal-ese on your own, you can turn to one of the attorneys with our team.
Pennsylvania Erb’s palsy attorneys 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.
Conquer Erb’s Palsy Expenses With Our Team
Challenging a hospital’s legal team in court can be intimidating. There’s no reason to try and contend with the legalities of a medical malpractice suit on your own, though. Instead, you can turn to our Erb’s palsy attorneys 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.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form