The process of giving birth is more complicated than many people know. Ideally, medical professionals are supposed to make this process more straightforward. However, doctors who neglect your concerns or mistreat the person giving birth can cause lifelong problems for both you and your child.
Erb’s palsy is a type of disability that can weaken a child’s arm muscles, reduce their sensitivity, and even cause paralysis. Should your child suffer from this kind of condition, you can hold a liable party accountable. South Dakota Erb’s palsy attorneys can be there for you while you bring your case forward in circuit court.
For a free legal consultation with South Dakota Erb's Palsy lawyer, call 1-800-222-9529
We Fight for You and Your Child
There’s a reason many parents go on leave after the birth of a child. Giving birth is a stressful experience even when everything goes as planned. Births that involve emergency care or the injury of a child can leave you and your family feeling lost. Taking legal action against someone who injured your child may feel like an impossible task.
That, however, is why we offer our services to you. While you care for your child and yourselves, we can take on your legal battle for you. Our attorneys will guide you through the process of beginning an Erb’s palsy case. All the while, we’ll gather evidence of negligence and liability on your behalf.
We stand with you long after you submit your complaint, too. Whether you want to pursue compensation via a trial or negotiations, we’ll make sure you have the representation you deserve. You can come to our team at any point with questions. Together we’ll work to ensure you understand your legal standing as well as your options for moving forward.
South Dakota Erb's Palsy Lawyer Near Me 1-800-222-9529
Summoning a Defendant With an Erb’s Palsy Complaint
To pursue an Erb’s palsy lawsuit, you need to file a medical malpractice complaint with a county clerk. A complaint, as a legal document, lets the area court know the extent of your losses and why it is that you intend to hold a particular party liable for your losses. If a court approves your complaint, you can use your legal standing to summon your defendant.
Our South Dakota Erb’s palsy attorneys can help you both discover and elaborate on the evidence needed to establish your complaint. In turn, we can help you submit your completed complaint within South Dakota’s statute of limitations. South Dakota Codified Laws §15-2-14.1 provides you with three years in which to establish your losses.
The deadline for a medical malpractice complaint is more flexible than that of your standard personal injury complaint, though. It’s up to you and an attorney to determine whether your countdown starts on the day your child was injured or on the day you discover the injury.
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Going to Court Versus Negotiating for Erb’s Palsy Settlements
You do not have to undergo a traditional trial if you want to request compensation for your child’s Erb’s palsy. If a judge approves your legal complaint, you can choose to summon your liable party for negotiations.
You can head into negotiations alongside an Erb’s palsy lawyer. Together you can present your estimated compensation to the party you want to hold liable for your losses. Throughout negotiations, you can return to your estimate and highlight evidence you have establishing the other party as responsible for each of your damages.
Not every negotiation is going to end in your favor. If you find yourself dissatisfied with the proceedings, you can move to bring your case to trial. However, you can also lean on an attorney to help you make your losses known to all the appropriate parties. We’ll always fight to help you receive the most compensation possible.
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Negotiating for Erb’s Palsy Compensation
The compensation you request for your child’s Erb’s palsy can be based on their overall losses. Not all of your child’s losses are going to be economic, though. You can work with an attorney to determine what kind of emotional damages someone else’s negligence did to your child, and what dollar value those losses may have. In total, your applicable damages can include:
- The medical bills associated with giving birth
- The cost of post-birth treatment
- Pain medication and mobility aids
- Lost wages or opportunities to work
- Emotional trauma or damages
- Postpartum post-traumatic stress disorder
- Pain and suffering
As a parent, you can include your own emotional losses in your estimate, too. It may be more prudent for you to file a separate claim citing negligence during the birthing process if you want to request funds for your own injuries, though.
Asking for this compensation doesn’t guarantee that it will all be immediately available for your use. A judge may require you to put the damages directly relating to your child’s emotional well-being into a trust. You can work with an Erb’s palsy lawyer in South Dakota to determine what legwork that requires from you.
Proving Liability in an Erb’s Palsy Court Case
You establish liability in an Erb’s palsy case by elaborating on a doctor’s duty of care. Duty of care references the responsibility all medical professionals owe you when you entrust your and your child’s bodies to their care. Medical professionals who do not treat you or your child with a reasonable amount of care can subsequently be held liable for your injuries.
A third party’s medical opinion can help establish both duty of care and the extent of your child’s injuries. You can also turn to eyewitness testimony to prove that the care you received was accidentally or deliberately negligent. Talk with an attorney to determine what kind of means you need to submit to have a court consider the full extent of your losses.
Fight for Compensation With an Erb’s Palsy Lawyer
The mistakes that a medical professional makes during your labor can impact your child’s health for the rest of their life. If you believe negligence contributed to the symptoms of Erb’s palsy that your child experiences, you can turn to our team.
The South Dakota Erb’s palsy lawyers know how to tackle complicated medical malpractice cases. We can make sure you have the means you need to represent your child in court. You can contact us over the phone or online to schedule a case consultation with our team.