Negligent actions from doctors, nurses, and midwives during delivery can result in Erb’s palsy, a condition that damages the nerves of the arm and shoulder of the baby. If your child sustained nerve damage during the delivery process, the Erb’s palsy lawyers at Birth Injury Lawyers Group can help you take legal action.
Our birth injury lawyers file medical malpractice claims against liable staff, hospitals, and third parties that contributed to your family’s damages.
We start with free case reviews to assess your claim and provide professional legal guidance. From there, our attorneys will work to hold every liable party accountable for their negligence.
Erb’s Palsy in Infants: What Is It?
What is Erb’s palsy? It is a type of brachial plexus birth palsy named after Dr. William Erb, who first diagnosed it. The brachial plexus is a network of nerves located near the neck. These nerves allow our shoulders, hands, arms, and fingers to move. Those with Erb’s palsy have arm weakness and loss of range of motion.
Symptoms of Erb’s palsy in children include:
- Loss of feeling in one arm
- Total loss of movement (paralysis) in one arm
- Arm weakness
- Arm extended at the elbow and held close to the body
- Decreased grip strength
Erb’s Palsy Can Stem from Medical Malpractice
The leading cause of Erb’s palsy nerve damage is medical staff pulling on a baby’s neck during a complicated delivery. If the baby is exceptionally large or breeched, the doctor may use extra force to move the child through the birth canal. However, in doing so, they can accidentally stretch one side of the baby’s neck, damaging the nerves, spinal cord, or brain.
Some common examples of medical negligence that can lead to Erb’s palsy include:
- Pulling too forcefully on the baby’s head or neck during delivery
- Improper use of forceps delivery or vacuum extractors
- Failure to identify and properly respond to shoulder dystocia
- Failure to order a timely C-section when risk factors were present
Why Sue for Medical Malpractice?
Medical malpractice suits help parents secure financial compensation for their infant’s injuries. If you suspect medical malpractice, our birth injury lawyers can help you pursue justice and recover fair compensation on behalf of your infant.
When you work with a birth injury lawyer, you can be sure you have explained and explored all your legal options and opportunities. They can also help you obtain the evidence to file a malpractice suit against your medical team. If the defendants refuse to settle, your attorneys will take your case to court and fight for a satisfactory verdict.
Proving Medical Negligence in Erb’s Palsy Cases
To win compensation for your child’s Erb’s palsy, we must prove that medical negligence caused their injury. This requires establishing four key elements: duty of care, breach of that duty, causation, and damages.
Every healthcare provider who assisted with your delivery had a legal duty to provide appropriate medical care that met professional standards. We can demonstrate negligence by showing how the medical team deviated from these accepted standards.
Our legal team works with medical experts who review your case and provide professional testimony about proper delivery procedures. These experts help explain how your doctor’s actions fell short of medical standards and directly resulted in your child’s Erb’s palsy.
How an Erb’s Palsy Lawyer Helps Your Family
While recovering a payout may not make your child’s disability disappear, it can provide resources that make it easier to receive first-rate treatment and ensure your child maintains a high quality of life.
Throughout the settlement process, an Erb’s palsy attorney can:
- Review the facts of your case for free
- Help you understand all your legal options and determine the best course of action
- Build a strong claim against the liable party
- Document your damages, including how your child’s disability affects their quality of life
- Meet the criteria for filing a medical malpractice claim in your state
- File a claim or pursue a medical malpractice lawsuit on your behalf
- Represent you throughout the process and fight for the payout your family deserves
If your child sustained injuries during birth, review your case with an attorney as soon as possible. By taking fast legal action, you ensure your claim gets filed within the necessary deadlines and help your family recover compensation sooner.
What to Look for in an Attorney
Receiving a fair settlement in a birth injury claim is an uphill battle. The liable party and their insurance company will do everything possible to deflect blame and pay less than your family deserves. Therefore, having the right lawyer to pursue justice for your family is crucial.
When searching for a lawyer, look for a birth injury law firm that:
- Has experience handling Erb’s palsy claims
- Possesses a track record of successful verdicts (and can provide references)
- Operates on a national level and partners with families across the country
- Offers free consultations to determine if your child’s injuries qualify for a birth injury claim
With an experienced and knowledgeable attorney in your corner, you can feel confident that your infant will receive justice for their injuries. Our birth injury lawyers are skilled legal experts who never settle for less than what your child’s injuries merit. We stand up for families affected by negligent doctors, and we make sure they receive every penny they deserve.
Compensation You Can Recover Through an Erb’s Palsy Claim
If your child’s doctor caused their birth injury or failed to prevent it, your attorney can seek compensation for your economic and non-economic losses.
Our lawyers help families affected by Erb’s palsy receive the financial recovery they need to afford treatments and maintain a high quality of life for their child. We can pursue compensation for the following damages in a birth injury claim:
- Past and future medical care costs
- Therapy and rehabilitation expenses
- Prescribed assistive devices or tools
- Out-of-pocket expenses related to their diagnosis or treatment
- Pain and suffering
- Loss of quality of life
How much you can recover through a birth injury claim will depend on your case. Review your claim with a medical malpractice birth injury attorney in your state to learn more about your legal options, the strength of your case, and the type of compensation your family can pursue.
How Can an Erb’s Palsy Lawyer Win My Case?
Erb’s palsy and other brachial plexus birth injuries are often preventable if the doctor takes proper precautions during the delivery process. When you work with our Erb’s palsy attorneys, we will:
- Listen to your position and determine if you qualify for a birth injury lawsuit
- Explain the legal resources available to your family and choose the most effective course of action to take next
- Answer all your Erb’s palsy and medical malpractice questions
- Provide you peace of mind throughout the legal process
Our lawyers win birth injury cases using evidence to demonstrate that a medical provider failed to administer reasonable care during the delivery. We prove that their negligence resulted in Erb’s palsy injuries and caused losses for your family.
From there, we hold the negligent party or their insurance company responsible for your compensation. If the insurance provider refuses to meet the settlement, our brachial plexus lawyers will file a birth injury lawsuit and represent your case during trial.
How Much does a Medical Malpractice Lawyer Cost?
Most malpractice attorneys offer free case reviews and handle these cases on a contingency fee basis. What does contingency mean? It means that you won’t have to pay any lawyer fees upfront.
Instead, when your case settles, the at-fault party or their insurer issues payment directly to your attorney. Your attorney then collects their fee, which you will have agreed to ahead of time, and sends you a check for the rest of the settlement.
Partner With an Experienced Lawyer Now
If your child contracted Erb’s Palsy during delivery, discuss your legal options with a birth injury lawyer near you today. The legal professionals at Birth Injury Lawyers Group work closely with parents to build a strong case and recover maximum compensation for their infant.
Learn more about our birth injury lawyers, then contact an Erb’s palsy attorney to learn more about filing a medical malpractice claim and how we can help your family recover a fair settlement.