In many cases, Erb’s palsy is preventable. The condition may occur during delivery, either because a medical professional failed to prevent it or caused it during delivery. If your child required treatment or therapy for their Erb’s palsy, you may have grounds to pursue a birth injury medical malpractice claim or lawsuit, with an Erb’s palsy lawyer’s help. .
Delivery is an inherently risky event, and some instances of Erb’s palsy are not preventable. However, the majority of cases result from a medical professional’s lack of competence during delivery. An attorney who specializes in this type of birth injury may be able to recover a significant payout to cover your child’s current and future treatment and related care.
Once your child has been diagnosed with Erb’s palsy, it’s best to contact a birth injury attorney as soon as possible.
For a free legal consultation with Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Lawyer FAQs
The following are the most frequently asked questions our Erb’s palsy lawyers are asked. Parents, you can begin your search for answers here:
How Can an Erb’s Palsy Lawyer Help My Family?
While recovering a payout will not make your child’s disability go away, it can give you the resources necessary to make it easier for them to live with it and maintain 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 the merits of your case and your rights
- Help you build a case against the doctor or hospital
- Document your damages, including how your child’s disability affects their life
- Meet the criteria for filing a 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
It is imperative that you reach out to an attorney about your case as quickly as possible. Some states allow you to toll the statute of limitations for birth injury cases, but not all do. The deadline for taking legal action can vary widely from state to state.
When Should I Contact an Erb’s Palsy Lawyer?
You should contact Erb’s palsy lawyers as soon as possible, because you don’t want to risk missing the deadline for your state’s statute of limitations. There are time limits on how quickly you must act to pursue monetary compensation in a birth injury claim.
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 attorney can explain the birth injury statute of limitations and any laws that may allow you to toll the statute of limitations for a child victim in your state.
What Compensation Can an Erb’s Palsy Lawyer Get My Family?
If your child’s doctor caused their birth injury or failed to prevent it, your Erb’s palsy attorney may be able to get you compensation for your economic and non-economic losses. Your family could recover compensation for your child’s past and future treatment and other damages, including:
- Past medical care costs
- Future medical care costs
- Therapy and rehabilitation expenses
- Any prescribed assistive devices or tools
- Out-of-pocket expenses related to their diagnosis or treatment
- Pain and suffering losses
To learn more about your legal options and the strength of your case, you will want to discuss your options with a medical malpractice birth injury attorney who regularly accepts this type of case in your state. During your initial consultation, you can talk to one of our attorneys and learn more about your case for free.
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 after noting certain risk factors. In many cases, families of newborns who suffer from Erb’s palsy have a strong enough case to support filing a birth injury lawsuit. A lawyer who specializes in Erb’s palsy claims will tell you what evidence you’ll need.
An Erb’s palsy attorney can win your case if they can demonstrate through evidence that a medical provider’s negligence caused your child’s injury and the resulting damages. This negligence could have taken place during a difficult labor, such as a forceps delivery in which too much force was applied.
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 based on the specific facts of your case, you should speak to 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 up front. When your case settles, the at-fault party or their insurer will issue a payment directly to your attorney. Your attorney will then collect their fee, which you will agree to ahead of time, and then they’ll give you a check for the rest.
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Work With an Experienced Erb’s Palsy Lawyer
If your child has Erb’s Palsy and requires surgery or experiences lasting effects, you should consider discussing your legal options with an Erb’s palsy lawyer near you today. Parents who consider pursuing compensation based on their child’s Erb’s palsy diagnosis will need to work closely with their attorney to build a strong case.
If your child was the victim of a birth injury and it caused their Erb’s palsy, reach out to an attorney from the Birth Injury Lawyer Group to explore your legal options. You can contact us at (844) 908-0346 for a free consultation. In all of our interactions with you, your family’s needs will always be our first priority.