Children with Erb’s palsy may require specialized medical treatment for months following their birth or initial diagnoses. In some cases, their medical care can go on for years. When you are faced with those types of medical bills, you need to be fully aware of what financial support is available for children with Erb’s Palsy.
Filing a lawsuit for medical malpractice is one way to ensure you can afford the ongoing medical expenses for your child’s Erb’s palsy treatment plan. If your child’s birth injury leads to a disability, they may also be eligible for financial support from the government.
Available Compensation in an Erb’s Palsy Lawsuit
The compensation available depends on the severity of your child’s Erb’s palsy and whether the injury will continue to affect your child. Damages might include:
- Medical bills (current and future)
- Pain and suffering
- Lost wages if you needed to take off time to care for your child
- Mental anguish
The Steps You Must Take to File a Medical Malpractice Claim
Filing a medical malpractice claim means you must be able to demonstrate that the physician treated you (or the child you are filing on behalf of) with negligence that resulted in an injury. You must be able to prove all four of the following important legal elements:
- Your treating physician had a duty to uphold the standard of care
- Your treating physician breached their professional duty
- An injury occurred as a result of that breach of duty
- Damages resulted from that breach of duty
Monetary damages are important when your chief concern centers around providing the best prognosis and outcome for your child. That means ensuring they get the best care available for as long as they need it.
Be Aware of Your State’s Deadline for Filing a Medical Malpractice Claim
Financial support is available for children with Erb’s Palsy when you hold the right people responsible for your child’s birth injury. When you file a claim for a birth injury your child suffered due to physician error, medical negligence, or neglect, your state imposes certain restrictions on the time you must file your lawsuit.
- The statute of limitations determines the amount of time you must file a claim.
- The statute of repose enacts an absolute deadline, regardless of the circumstances.
In some cases, the statute will toll (i.e., pause) for minors until they turn 18. An attorney can help you successfully navigate the time restrictions set by your state and ensure your lawsuit is filed on time.
Determining the Parties Liable for Your Child’s Birth Injury
Responsibility for your baby’s birth injury can be difficult to determine without professional intervention. Liability hinges on several factors as well as a review of the medical records for you and your baby.
Responsibility could fall to the OBGYN who treated you during your pregnancy and delivery. It might also fall to other members of the health care team, drug manufacturers, laboratories, or the hospital where your baby was born. Your attorney can help you successfully assign liability and fault in your birth injury claim. Assigning fault can help you determine what financial support is available for children with Erb’s palsy.
Determining Other Sources of Financial Support
In addition to filing a medical malpractice lawsuit, your child might be eligible for governmental programs that help support their daily needs and ongoing care.
The Social Security Administration has programs for which your child might be eligible—Social Security Disability Insurance and Supplemental Security Income. In most cases, you can find eligibility requirements, important contact info, and even full applications for these programs and benefits online.
Erb’s Palsy Lawsuits
A diagnosis of Erb’s palsy is only the beginning of the road for you and your child. When you are ready to discover what financial support is available for children with Erb’s Palsy, call the Birth Injury Lawyers group at (800) 222-9529 to get connected with a lawyer in your area.