The impact of a birth injury can last a lifetime. If your child suffered one due to a doctor’s negligence, an Arizona Erb’s palsy lawyer can help you pursue damages.
Birth Injury Lawyers Group has been advocating for families in Arizona since 2003. If your child developed Erb’s palsy as a result of medical negligence, an Erb’s palsy lawyer in San Tan Valley can help you obtain the compensation you deserve.
Why Hire a San Tan Valley Erb’s Palsy Lawyer?
Birth injury cases often involve large healthcare providers with aggressive legal teams. A San Tan Valley Erb’s palsy lawyer can step in and help with your case by:
- Investigating the birth injury: We can review medical records, delivery notes, and fetal monitoring data to determine whether mistakes were made during labor or delivery.
- Calculating damages: Erb’s palsy can require years of treatment and therapy. We calculate past and future damages to estimate the full cost of your child’s care to determine your claim’s value.
- Consulting medical experts: Birth injury claims often hinge on expert testimony. We can work with specialists who can explain how improper techniques or delayed interventions caused the injury.
- Handling insurance negotiations: Hospitals and doctors typically have insurance carriers whose goal is to minimize payouts to families. We can negotiate on your behalf and work to obtain a fair settlement.
- Taking your case to court: If a fair settlement cannot be reached, we can file a lawsuit and represent your family at trial.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Types of Compensation Are Available?
If your child’s Erb’s palsy was caused by medical negligence, you may be able to recover a variety of damages, including:
- Medical expenses: Recoverable damages may include hospital care, therapy, medications, and any surgeries your child requires.
- Future care needs: You can seek compensation for ongoing treatment, assistive devices, and long-term rehabilitation.
- Pain and suffering: You can pursue damages for the physical pain and emotional distress you and your child have experienced.
- Loss of quality of life: You can be compensated for the ways the condition limits your child’s ability to participate in everyday activities.
- Lost earning capacity: You can recover damages if the injury is expected to impact your child’s ability to earn income in the future.
- Punitive damages: In some cases, you can seek additional damages meant to punish especially reckless or egregious conduct from the at-fault party.
An Erb’s palsy lawyer can help make sure your settlement covers all of your losses.
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How Long Do You Have to File a Claim in Arizona?
In Arizona, you typically have two years from the date a birth injury occurs (or from the date you reasonably should have discovered the injury) to file a lawsuit. However, if you are filing on behalf of a minor, Arizona law often “tolls” (pauses) the statute of limitations until the child turns 18, which means you would have until their 20th birthday to file a claim.
A birth injury lawyer can help make sure you file your claim on time.
"We know first-hand what you are going through."
Common Causes of Erb’s Palsy
Many cases of Erb’s palsy are linked to medical negligence. Some of the most common causes include:
- Excessive force during delivery: Pulling too hard on the baby’s head or neck during delivery can stretch or tear the brachial plexus nerves.
- Improper handling of shoulder dystocia: When a baby’s shoulder becomes stuck, medical providers must use specific techniques to safely deliver the child. Failure to follow these protocols can lead to injury.
- Failure to order a C–section: In certain cases, delaying or avoiding a cesarean section can increase the likelihood of complications.
- Misuse of delivery tools: Improper use of forceps or vacuum extractors can place unnecessary pressure on a baby’s neck and shoulders.
- Poor prenatal assessment: Failing to identify risk factors such as a large baby (macrosomia) or gestational diabetes can result in inadequate preparation for delivery complications.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Signs and Symptoms of Erb’s Palsy
Some of the most common symptoms of Erb’s palsy include:
- Weakness in one arm: Your baby may not move one arm as freely as the other.
- Arm held in an unusual position: The affected arm may hang limp or be held close to the body with the elbow straight.
- Limited range of motion: Your child may struggle to lift or rotate an arm.
- Loss of sensation: In more severe cases, there may be reduced feeling in an arm or hand.
- Absent Moro reflex on one side: Your child’s “startle reflex” may be missing on the affected side.
If you notice any of these symptoms, it’s important to seek medical evaluation as soon as possible.
Steps to Take if You Suspect Medical Negligence
If you believe your child’s Erb’s palsy could have been prevented, it’s important to:
- Seek a second medical opinion: Another healthcare provider can help confirm the diagnosis and assess the severity of the injury.
- Request medical records: Obtain copies of prenatal, labor, and delivery records.
- Document your child’s condition: Keep detailed notes about your child’s symptoms, treatment, and progress.
- Track expenses: Save all receipts and records of your child’s medical costs.
- Avoid speaking with insurers alone: Insurance companies may try to use your statements to minimize your settlement. Don’t provide a recorded statement until you speak to an Erb’s palsy attorney in San Tan Valley.
- Contact a lawyer: Our attorneys can evaluate your case and explain your legal options.
Get Help from an Erb’s Palsy Attorney in San Tan Valley
If you believe medical negligence led to your child’s Erb’s palsy, you have the right to take legal action. A San Tan Valley Erb’s palsy attorney from Birth Injury Lawyers Group can investigate your case, strengthen your claim, and help you hold the responsible parties financially accountable.
Book a free case review to learn about how you can get justice.
"We are committed to helping families who have suffered medical negligence."