Erb’s palsy, which results in the loss of arm motion in newborns, is a frightening development that typically results from a birth injury. The good news is that, according to studies published in the Oxford University Press’ Academic journal, 80-96% of cases completely recover if treatment starts in the first two weeks.
In some cases, your child’s Erb’s palsy might have been preventable if doctors or other medical care professionals recognized obstructions in the birth canal. If that is the case, your child may deserve compensation. An Erb’s palsy lawyer in California can assess your case for free and help you file a medical malpractice lawsuit to get the compensation you and your child deserve.
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An Erb’s Palsy Attorney Can Help You Build Your Case
Fighting medical institutions is often difficult and time-consuming, especially given that they typically have significant amounts of money and a team of lawyers fighting back. When you turn to a California lawyer who has experience with Erb’s palsy malpractice cases, you help level the playing field in a variety of ways.
Elements Your Lawyer Will Need to Prove
Birth injury lawsuits like an Erb’s palsy case require the injured party to prove several important elements in order to receive compensation. Your Erb’s palsy lawyer in California can help strengthen your case by showing these necessary items:
- The medical care provider owed you a duty of care
- They breached this duty of care by providing medical service that was below the standard
- This breach of duty directly caused or contributed to your child’s injury
- The injury resulted in monetary loss
For example, you might be owed compensation if your doctor failed to notice obstructions in the birth canal that the standard of care says they should have found if those obstructions caused your child’s Erb’s palsy.
However, you would also need to show that the injury resulted in monetary loss (such as therapy costs, lost income due to staying home from work, or future lost earning capacity for your child).
Services Erb’s Palsy Lawyers Provide
The help that California Erb’s palsy attorneys provide is not simply limited to proving the above elements in court. Your lawyer may also be able to help you in a variety of ways, including:
- Documenting all your damages
- Gathering evidence and testimony about your case
- Filing the official lawsuit on your behalf
- Discussing all your legal options with you
- Handling depositions and settlement negotiations with opposing counsel
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Types of Compensation You May Be Able to Recover
In a medical malpractice case like an Erb’s palsy lawsuit, there are many forms of damage you might suffer and for which you may be able to recover compensation. The first type of compensation you can pursue is for economic harm, or damages that have a specific monetary value.
Erb’s palsy can lead to different types of monetary losses for which your attorney can pursue recompense on your behalf. This includes harms like lost earning potential for your child, the cost of additional medical care related to the injury, out-of-pocket costs for diagnosis and treatment, etc.
You may also be able to pursue compensation for damages that don’t have a particular price tag attached to them. Non-economic harms are things like your child’s pain and suffering, the emotional toll your family has experienced, and loss of enjoyment in life.
For example, an Erb’s palsy injury could lead to your child suffering permanent disability and becoming unable to enjoy sports or other activities. If severe enough, these losses can be compensable.
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Find Your California Erb’s Palsy Lawyer Today
If your child suffered an injury that caused Erb’s palsy, you may be entitled to compensation. The team of Erb’s palsy lawyers in California at the Birth Injury Lawyers Group is ready to help you get the legal assistance you need. Call us today or tell us about your case using our Free Evaluation form to get started building a case for your medical malpractice lawsuit in California.