Giving birth is risky, but medical professionals have a duty to make delivery as safe as possible for mothers and babies. However, negligent actions from doctors, nurses, and midwives can result in Erb’s palsy. If your child sustained nerve damage during the delivery process, the Erb’s palsy attorneys at the 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 make sure every liable party is held accountable for their negligence.
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Erb’s Palsy in Infants: What Is It?
What is Erb’s palsy? It is a type of brachial plexus birth palsy named after William Erb, the doctor who first diagnosed the condition. The brachial plexus is a network of nerves located near the neck. These nerves allow our shoulders, hands, arms, and fingers to move. But 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
Data suggests that one out of every 1,000 babies develops Erb’s palsy. Fortunately, with the help of their parents, most infants can recover arm movement through daily physical therapy.
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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.
Erb’s palsy is a form of medical malpractice when nerve injuries are preventable. Doctors have a duty to deliver a child without causing damage. They breach this duty by pulling too hard on the neck, head, feet, or shoulders when moving a child through the birth canal. They may also cause Erb’s Palsy when using assistive birthing tools, such as during a forceps delivery.
If a medical professional’s negligence resulted in your child’s birth injuries, you may be able to file a claim against the liable party. Medical malpractice suits help parents secure 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 all your legal options and opportunities explained and explored. Usually, insurance companies deny families’ claims when it comes to medical malpractice cases.
However, when you have the best legal representation, insurer adjusters and defendants’ lawyers have no choice but to consider your case and negotiate a settlement. In case the defendants refuse to settle, your attorneys will take your case to court and fight for a satisfactory verdict on your behalf.
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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.
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What to Look for in an Erb’s Palsy Attorney
Receiving a fair settlement in a birth injury claim is an uphill battle. The liable party and their insurance company will do everything they can to deflect blame and pay less than what your family deserves. Therefore, it is crucial to have the right Erb’s palsy lawyer pursuing justice for your family.
When searching for an Erb’s palsy lawyer, look for a birth injury law firm that:
- Has experience handling Erb’s palsy claims similar to yours
- Possess 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.
When to Contact an Erb’s Palsy Lawyer
There are time limits on how quickly you must act to pursue monetary compensation in a birth injury claim. So don’t wait to take legal action if you think a medical professional’s actions caused your child’s disability.
Instead, contact an Erb’s palsy lawyer as soon as possible and avoid missing the statute of limitations deadlines.
These statutes vary by state, so you’ll need to be aware of your state’s statute of limitation on birth injuries to make sure you file your claim in time. Your Erb’s palsy attorney can explain the birth injury statute of limitations and any laws that allow you to toll the statute of limitations for a child victim in your state.
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 Erb’s palsy 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
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 Erb’s palsy 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, we will file a birth injury lawsuit and represent your case during trial.
How Much Does an Erb’s Palsy Lawyer Cost?
To learn if you can hold a doctor, hospital, or another medical care provider liable for your child’s Erb’s palsy, consult with a birth injury medical malpractice attorney in your state. 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 Erb’s Palsy Lawyer Now
If your child contracted Erb’s Palsy during delivery, discuss your legal options with an Erb’s palsy lawyer near you today. The legal professionals at the Birth Injury Lawyers Group work closely with parents to build a strong case and recover maximum compensation on behalf of their infant.
Contact our Erb’s palsy team now to learn more about filing a medical malpractice claim and how we can help your family recover a fair settlement.