If your child suffered a preventable birth injury such as Erb’s palsy during their delivery in an Aurora hospital or birthing center, you may be eligible to file a medical malpractice claim or lawsuit against the doctor, other care provider, or facility.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free case review and initial consultation. You could recover compensation for your child’s treatment, ongoing therapy, pain and suffering, and more.
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Erb’s Palsy Treatment and Recovery
Babies born with Erb’s palsy generally exhibit signs immediately after delivery, within minutes of the injury occurring. It may be possible to diagnose the infant at this time if the doctor or nurses note the signs of the condition during routine monitoring of the newborn. These signs may include:
- Weakness and loss of movement in the shoulder and upper arm on the affected side
- No response to stimulus in the affected shoulder and upper arm
- The arm is generally flexed at the elbow and held close to the body
Some babies with Erb’s palsy heal relatively quickly without surgical intervention. This can take up to six months of close monitoring to ensure they are improving. During this time, parents are taught to walk their infants through physical and occupational therapy exercises that keep muscles and joints strong and maintain a full range of motion.
This therapy prevents further complications but does not aid healing of the injury itself. Parents will also learn:
- How to pick up and hold the baby
- How to support the baby’s arm and shoulder during feeding
- How to change the baby’s clothes without causing further injury
- Other important information
Close monitoring during the first year is essential to getting the necessary treatment and care and helping the child achieve their fullest recovery. Within four to nine months, many children make a complete recovery. Others, however, need more intensive treatment. Some require ongoing therapy and support as they gain more motor skills and progress.
Others need to undergo surgery to repair or replace the damaged nerves. Nerves can take years to fully heal following surgery, and your child will likely need additional therapy and monitoring during this time. Some children need ongoing support during the early school years to maximize their abilities.
If your child has an Erb’s palsy diagnosis, call the Birth Injury Lawyers Group at (800) 222-9529. An Aurora Erb’s palsy lawyer from our team can help you seek compensation to help pay for your child’s care and your family’s other related losses.
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Damages Available in an Aurora Erb’s Palsy Settlement
Your Aurora Erb’s palsy lawyer will help you document your economic and noneconomic losses related to your child’s diagnosis and treatment. The evidence that supports your claim may allow you to recover a payout that includes some of the damages listed below. This list is not complete, as depending on your case, your attorney could demand compensation for much more than described on this list:
Your Aurora Erb’s palsy lawyer will help you document your economic and noneconomic losses related to your child’s diagnosis and treatment. The evidence that supports your claim may allow you to recover a payout that includes:
- Current and future medical care, including surgical care costs
- Physical therapy, occupational therapy, and other support and care
- Adaptive equipment
- Out-of-pocket expenses related to the birth injury and treatment
- Your baby’s pain and suffering
- Other noneconomic damages
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A Lawyer Can Help Build an Erb’s Palsy Case in Aurora, Illinois
If your child sustained an injury during delivery in Aurora or elsewhere in DuPage, Kane, Kendall, or Will Counties, your family may be able to prove it was preventable and pursue a settlement or court award to cover your related losses and expenses, as well as to hold the doctor or hospital liable.
Birth injury medical malpractice cases require you to prove:
- There was an established standard of care that the doctor and other care providers should have followed when overseeing the pregnancy, delivery, and care of your newborn.
- A doctor, care provider, or care team failed to provide an acceptable standard of care.
- This failure caused or failed to prevent your baby’s birth injury.
- Your child sustained physical injuries, and the treatment and care cost your family money.
Your lawyer will help you prove these factors and build your case. Not only will an Aurora birth injury attorney collect evidence to support your claim, but they will also enlist the help of a medical expert witness who can testify to the applicable standard of care in your area. The expert will discuss what should have been done to prevent complications during delivery or to remedy the complications without causing your child’s brachial plexus injury.
To learn more about proving your child’s Erb’s palsy case, call the Birth Injury Lawyers Group now at (800) 222-9529 for a free case evaluation.
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Time Limits on Pursuing Your Family’s Erb’s Palsy Legal Case
Illinois sets a deadline on pursuing legal action in an Erb’s palsy birth injury case, although it is not always clear when this deadline is based on the facts of an individual case. Factors that may alter the time limit that applies include:
- The age of the victim
- The state’s statute of limitations and statute of repose
- Rules that allow for tolling the statute of limitations when the victim is a minor
- When your child’s injury was discovered
The best way to learn how quickly you may need to act is to discuss your child’s case with someone who is familiar with Illinois birth injury law. The Birth Injury Lawyers Group offers free initial consultations, so you can talk about the facts of your family’s case without paying anything up front or out of your pocket.
Receive Assistance From an Aurora Erb’s Palsy Lawyer Today
If your newborn sustained a brachial plexus injury or another preventable birth injury, your family can likely pursue compensation and hold the doctor, hospital, or other facility liable. A birth injury medical malpractice attorney serving Aurora can help you collect evidence and build a case. You may be able to recover damages to pay medical bills, cover ongoing therapy and care, and more.
The Birth Injury Lawyers Group can help today. Call us at (800) 222-9529 for a free case evaluation and consultation.
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