When your child is injured during pregnancy or birth, they can develop lifelong complications because of that injury. If a medical provider was negligent, you have the legal right to seek compensation. Our Fort Myers Erb’s palsy lawyers can help you do so.
Our Florida Erb’s palsy lawyers will fight for the fair compensation you need for your child’s medical expenses and long-term care. We’ve recovered over $750 million for families just like yours.
Contact Birth Injury Lawyers Group today to schedule a free consultation.
What Is Erb’s Palsy?
Erb’s palsy, or a brachial plexus injury, is a nerve condition that can result in weakness or paralysis in a baby’s arm. When caught early, Erb’s palsy can be treatable.
However, when left untreated or if the nerve damage was severe enough, your child may need surgery or, in some cases, have permanent damage.
What Causes Erb’s Palsy in Babies?
Erb’s palsy is often the result of a difficult birth where the baby’s neck or shoulder is stretched during delivery. It can also result from a prolonged labor process.
Erb’s palsy can be caused by medical negligence in cases where a doctor or nursing staff do not follow standards of medical care. For example, if the doctor uses excessive force, misuses birthing tools, or ignores risks.
"If your child was born with a birth injury, or cerebral palsy, we can help."
How Can Our Erb’s Palsy Attorneys in Fort Myers Help You?
Focusing on your child’s care and recovery is essential. However, when you’re worried about medical bills that keep piling up, or you’re missing work to attend appointments, the stress can quickly feel overwhelming. Let our legal team help you.
We’ll fight for fair compensation to alleviate the financial stress, while handling the entirety of the legal process for you.
We can:
- Investigate the pregnancy, labor, and delivery to determine who was at fault.
- Gather evidence to help support your claim.
- File all necessary paperwork, ensuring proper documentation and completeness.
- Handle all communication with the medical provider and their insurer(s).
- Negotiate for fair compensation.
- Represent your case in court if needed.
We will also offer advice on any settlement offers you receive, to help you avoid lowball offers that may not cover the entirety of your losses.
How do our Erb’s palsy lawyers get paid? We work on contingency fees, so you won’t pay us anything upfront. Instead, our fees are taken as a percentage of the final settlement. If we don’t recover compensation for you, then you won’t pay us a dime.
Fort Myers Erb's Palsy Lawyer Near Me (800) 222-9529
What Compensation Can Be Recovered in Erb’s Palsy Cases?
Recoverable compensation depends on the unique circumstances of your child’s case. For example, if your child will regain motor function in their arm but requires surgery, then their future expected losses will be less than a child who has a permanent loss of function.
We will advocate for the full scope of your losses to be compensated, including those future expected losses. Recoverable compensation can include:
Economic Damages
This is compensation for the financial costs of an injury. They can include:
- Medical expenses, such as surgeries or medical specialist appointments
- Lost wages, if you or another parent needs to take time off from work to care for your child.
- If your child is not expected to fully recover use of their limb, then you may be able to recover reduced future earning capacity.
- Home or vehicle modifications.
- Mobility or other assistive devices.
Non-Economic Damages
This is compensation for the non-financial effects of the injury. They can include:
- Permanent disability.
- Emotional distress.
- Physical pain and suffering.
- Reduced quality of life.
What is the average settlement for Erb’s palsy? The settlement value can vary widely and will depend on the severity of your child’s condition. Our goal is to recover maximum compensation.
"We know first-hand what you are going through."
How Do We Prove Fault in Erb’s Palsy Cases in Fort Myers?
To recover compensation, we must be able to prove that medical malpractice took place. Our Fort Myers Erb’s palsy attorneys will do so by investigating the birth. We need to prove the four elements of negligence:
- Duty of care: A medical provider had a duty to protect your child by providing the standard level of medical care.
- Breach: The medical provider failed to do so. For example, a nurse ignored fetal distress signs or a doctor misused forceps.
- Causation: This breach directly led to a birth injury.
- Damages: Your family has losses because of the injury–for example, medical bills.
We will consult with medical experts about the standards of care and where they may have deviated during the delivery or labor.
Helpful Evidence for Proving Medical Malpractice in Birth Injuries
Evidence that can substantiate your claim can include:
- Video footage of the birth.
- Medical records of both the mother and child.
- The medical team’s notes on the delivery.
- Data from fetal monitoring.
- Witness statements, such as from nursing staff.
We will build your case carefully using the evidence and testimony we have gathered.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How Soon Do You Need to Get Started on Your Erb’s Palsy Case in Fort Myers?
The sooner you get started, the easier it will be for your lawyer to gather evidence, interview witnesses, and ensure timely filing of your case. Under Florida law, you generally have two years to file a medical malpractice lawsuit.
In some cases, that timeline can be even shorter. Discuss your concerns and questions about the timeline with your attorney. They will do everything possible to ensure that the case is filed within the legal deadline.
Contact an Erb’s Palsy Lawyer in Fort Myers Today
If your child was diagnosed with Erb’s palsy due to a birth injury, our legal team is here to help. We will fight to hold negligent medical providers financially accountable for the pain and expenses of the injury.
Reach out today to schedule a free consultation with a lawyer from Birth Injury Lawyers Group.
"We are committed to helping families who have suffered medical negligence."