The delivery of a baby can be a stressful process for the mother and the infant, which is why most people choose to give birth in a hospital. With doctors and other medical personnel helping with the birth, you feel confident your baby will be born healthy.
However, sometimes something can go wrong during the birthing process. This difficulty leads to the possibility of an injury, which may lead to a diagnosis of Erb’s palsy.
If you believe those involved in the birth of your baby behaved negligently, you may be entitled to receive compensation for medical costs, pain and suffering, and emotional trauma for your family. Consider contacting a Huntsville Erb’s palsy lawyer with the Birth Injury Lawyers Group. For a free consultation about your case, call us at (800) 222-9529 today.
For a free legal consultation with Huntsville Erb's Palsy lawyer, call 1-800-222-9529
Proving Negligence Occurred
If you are seeking damages in a birth injury lawsuit, you must show that four specific things occurred in your case, including:
- Standard of care: You need to be able to show that the party who allegedly caused the injury to your newborn had a duty to provide a certain standard of care.
- Breach of duty: You then must show that the responsible party did not uphold their duty to provide that standard of care, primarily because of negligence.
- Occurrence of an injury: You must show that the baby suffered an injury because of the responsible party’s breach of duty.
- Damages from the injury: You need to show that the injury caused some sort of loss or damages to your family or the baby, either through a financial loss or physical damages to the victim, leading to emotional trauma or a drop in your quality of life.
Negligence in a birth injury case does not mean the responsible party intentionally caused the injury to your baby (although this could occur). Instead, negligence can be present if the responsible party failed to take any action that could have prevented the injury, or if the party’s actions led to the injury, even if the outcome was unintentional.
Seeking a Compensation Award
In a birth injury case like this, you are eligible to receive compensation for a variety of items, including:
- Medical bills for treatment of the injury
- Future medical costs
- Pain and suffering
- Disfigurement or disability
- Physical therapy costs
- Costs of equipment to treat the injury
You may receive compensation for items other than those listed here. We know how to study the facts in your case and determine exactly what rights you have to seek damages. Call the Birth Injury Lawyers Group at (800) 222-9529 today. We will be ready to begin working on your behalf as soon as you hire us.
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Understanding Statutes of Limitations
When you and your baby have been the victim in a birth injury case, some of the most serious symptoms may not show up immediately. A doctor may misdiagnose the symptoms in the early stages, causing a delay in receiving the right diagnosis and in starting treatment.
Understand that in Alabama, as in all states, a specific statute of limitations exists for beginning the legal process in a birth injury lawsuit or a malpractice claim. To be certain you are following the rules regarding the timing of a lawsuit, speaking with and hiring a Huntsville Erb’s palsy lawyer can help.
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Recognizing the Signs of Erb’s Palsy
After a difficult birthing process, doctors and other medical personnel should be on the lookout for signs of Erb’s palsy, as the injuries that lead to Erb’s palsy occur most often after a long and difficult birth. Some of the signs that your baby may be suffering from Erb’s palsy include:
- Limply hanging arm: The affected arm hangs to the side, and the baby seems to have little to no control over it.
- Weakness in the shoulder or arm: The baby cannot lift their affected arm to their mouth or maintain a grip with their fingers on the affected arm.
- Twist in the arm: The arm seems to twist inward in an unnatural fashion.
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Treatment Options for Erb’s Palsy
The likelihood of a baby recovering from Erb’s palsy completely depends in part on the severity of the injury in the initial diagnosis.
Some Erb’s palsy injuries (also called brachial plexus injuries, after the group of nerves that is affected) will heal on their own in a matter of weeks or within a few months. Healing most often occurs in a mild case of Erb’s palsy, where the nerves may have been slightly stretched during birth.
In severe cases of Erb’s palsy, the treating doctor may recommend surgery. The surgeon will attempt to help the damaged nerves heal, reform, or regrow through a few different techniques, including the replacement of the damaged nerve with a healthy nerve from another part of the body.
Physical therapy can help the baby maintain healthy joints and muscles in the affected area. Because the baby is unable to move the joints and muscles on their own, the therapist will make sure they move properly, keeping them strong and healthy.
A doctor also may prescribe physical therapy after surgery, hoping to keep the joints and muscles as healthy as possible as the nerves heal.
We Understand How Erb’s Palsy Cases Work
After a diagnosis of Erb’s palsy for your baby, you may be unsure how to proceed. You may even hear from the doctor’s insurance company offering you a settlement amount.
If you are unsure about your legal options after an injury to your baby during the birthing process, you may want to contact a Huntsville Erb’s palsy lawyer. The team of lawyers at the Birth Injury Lawyers Group understands how insurance companies treat victims in cases like this, and we know how to fight for a fair settlement on your behalf.
We work on a contingency fee basis, which means we do not collect fees until you receive a settlement, either through negotiations or in a trial. Contact us at (800) 222-9529 for a free review of your case.