Some cases of Erb’s palsy in infants are caused by preventable birth injuries. In those situations, the medical staff involved in the child’s birth may be responsible for the injury and may owe the child and parents compensation. If that has happened to you and your baby, an Arkansas Erb’s palsy attorney may be able to help you pursue justice.
Erb’s palsy claims are a form of medical malpractice lawsuit, which means you’ll be going up against the hospital, doctors, or nurses liable for the injury. Often, they have pools of resources at their disposal, so getting a lawyer on your side should be a top priority.
For a free legal consultation with Arkansas Erb's Palsy lawyer, call 1-800-222-9529
What You Need to Prove in an Erb’s Palsy Case
Medical malpractice claims like those that apply to Erb’s palsy injuries have specific requirements for proof. These are spelled out clearly in Arkansas Code Annotated §16-114-206. In order to be eligible for compensation, you and your attorney must prove:
- That the physicians attending your child’s birth owed the child a duty of care,
- That they failed to work in accordance with healthcare standards (thus breaching the duty of care,
- And that their breach of medical standards resulted in your child’s Erb’s palsy.
These can be particularly difficult items to prove, especially when you have no experience with these types of cases. That’s one reason why it’s so crucial to work with knowledgeable Arkansas Erb’s palsy lawyers.
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Damages and Compensation in Arkansas Erb’s Palsy Claims
The Oxford University Press Academic Journal published research showing that the vast majority of Erb’s palsy cases completely recover if treated within two weeks. While permanent disability from Erb’s palsy is rare, both permanent and temporary cases can qualify for compensation.
There are generally two kinds of compensation for which you and your birth injury lawyer can sue: economic and non-economic. Economic harms include all those damages that have a price tag attached, such as:
- The cost of therapy or medical care
- Your child’s lost future earning capacity due to disability
- Prescription medications, surgeries, etc.
On the other hand, not all the harms you experience are material in nature. Non-economic damages include concepts like your child’s pain and suffering, the emotional toll of their injury on you and your family, and similar issues. These, too, can result in compensation.
A skilled Arkansas Erb’s palsy attorney can help you catalogue your total damages to ensure that you and your family get the compensation you truly deserve.
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How Birth Injury Lawyer Group Can Help Arkansas Erb’s Palsy Claimants
At Birth Injury Lawyer Group, we have many resources for parents, including a full guide on birth injury types. We aim to be a complete resource for those who have been affected by injuries like Erb’s palsy, especially when those harms come through medical malpractice.
In addition to providing online information to help you care for your child, we also connect families with Erb’s palsy lawyers in Arkansas who have experience in these cases. We start with a FREE initial consultation to learn more about your situation and provide personalized legal advice so that you understand the full spectrum of your options.
Get in touch with us today to schedule your free consultation for Erb’s palsy claims.