A simple mistake made by a medical professional could turn an otherwise joyous occasion worrisome. Injuries to either the mother or the baby during the birthing process can evolve into more serious conditions and affect your family’s life. You have the right to hold those individuals responsible for their negligence.
Compassionate Erb’s palsy lawyers in Colorado can handle your medical negligence claim so that you can collect compensation for these injuries. While money can’t necessarily reverse the injuries your baby suffered, it can help to alleviate some of the financial and emotional stress your family is facing.
For a free legal consultation with Colorado Erb’s Palsy lawyer, call 1-800-222-9529
Medical Malpractice Can Cause Erb’s Palsy
Unfortunately, medical malpractice and negligence can occur among doctors, nurses, and other medical personnel. There are a number of errors that can be made during birth that can cause the onset of Erb’s palsy in your child. These actions include:
- Pulling too hard on your baby’s head and neck while they’re passing through the birth canal
- Pulling on their shoulders during a head-first delivery
- Pulling on their feet during a breech delivery
- Using assistive delivery tools, such as forceps or vacuum extractors
Medical personnel are trained to deliver a child without the risk of damaging the baby’s neck, head, and spinal cord. If you believe your infant was mishandled during delivery, medical negligence may have taken place and led to their development of Erb’s palsy. To strengthen your claim, your attorney will prove that your child’s birth injury was preventable.
Colorado Erb’s Palsy Lawyer Near Me 1-800-222-9529
How Can a Colorado Erb’s Palsy Lawyer Help You?
Nothing can prepare new parents for the onset of Erb’s palsy in their child. This can bring new parents a significant amount of stress during an otherwise joyful time in their lives. A Colorado Erb’s palsy attorney can help you file a lawsuit against the medical professionals whose errors caused your child’s Erb’s palsy.
An Erb’s palsy lawyer can make the legal process much easier than if you were to represent yourself. Experienced attorneys know how to maximize your potential amount of compensation by collecting important evidence and presenting them to insurers.
When you hire a lawyer, they can:
- Get proof of when,why, and how your child became injured
- File a claim against responsible parties for the injury
- Collect testimonies and medical documents
- Go after fair compensation to help your family afford their Erb’s palsy-related expenses
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What You Can Expect in an Erb’s Palsy Lawsuit
The first step in a birth injury lawsuit is contacting an Erb’s palsy attorney for a free case review. This is when an Erb’s palsy lawyer in Colorado will determine the value of your case by calculating future medical costs for your child’s treatment and expenses that you currently face.
Your lawsuit will file your claim against the medical professionals or hospital allegedly at fault. Depending on the Colorado jurisdiction, the state’s rules of civil procedure allow the at-fault party around 20 to 30 days to respond to your suit.
Once they answer, your birth injury attorney will collect evidence to prove your child’s injury was preventable and caused by medical malpractice. There are two possible directions your Erb’s palsy lawsuit will go:
- Settlement: Most birth injury cases settle out of court in order to avoid extra time and costs. The at-fault party and their insurance company will meet with you and your legal representative to discuss your case’s value and compensation.
- Judge verdict: About 5% of cases go to trial, and if your case does go to trial, a verdict will occur after closing arguments are made. A judge or jury will decide if the other party is guilty of medical negligence and how much you should be awarded.
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How Compensation From an Erb’s Palsy Claim Can Help Your Family
An Erb’s palsy diagnosis means higher-than-average healthcare costs and out-of-pocket expenses that can be difficult to afford. An Erb’s palsy lawyer in Colorado can help your family seek financial compensation to help relieve any financial burden.
Compensation from a birth injury lawsuit can cover:
- Adaptive lifestyle equipment
- Additional medical expenses
- Therapy, rehabilitation, and home care
- Lost wages if a parent or caregiver had to take time off of work
- Emotional non-economic damages such as your child’s pain and suffering
Every case is different and unfortunately no two outcomes are the same. The amount of compensation you are awarded vaires the severity of your child’s condition and future healthcare costs. An Erb’s palsy attorney can provide you with an estimated value of your case even if it changes as the case progresses towards a settlement or verdict.
Time Limit to File an Erb’s Palsy Lawsuit in Colorado
The sooner a lawyer can begin an investigation, the better their chances are of successfully holding at-fault parties responsible. According to Colorado Revised Statute §13-80-102.5, medical negligence lawsuits must be filed within two years of when the harm was inflicted or when you discovered, or could have discovered, that your child was harmed by medical error.
In Colorado, if you are filing a lawsuit on behalf of your child and they were under the age of six at the time the alleged medical malpractice took place, you must submit your claim before their eighth birthday.
It’s so important to comply with the statute of limitations because if you try to file your Erb’s palsy claim after the deadline has passed, the local courts will likely refuse to consider your claim. Your attorney can advise you of any exceptions you may have to this timeline.
Protect Your Child’s Rights With Birth Injury Lawyer Group’s Help
If your child has suffered a birth injury due to a medical professional’s reckless actions, do not wait to get in contact with the Birth Injury Lawyer Group. We have achieved amazing results for clients who have been in similar situations and suffered through a birth injury. Our firm can provide you with legal counsel and representation during this difficult and stressful time.
Our Erb’s palsy attorneys in Colorado represent clients on a contingency-fee basis and do not require any payment unless we win your case. With our help, your child can have the best chance at recovery without leaving you with overwhelming medical bills. To learn more, call us today for a free consultation.