If your child sustained a birth injury and is now undergoing treatment for Erb’s palsy in Colorado Springs or elsewhere in El Paso County, your family may be able to hold the doctor or hospital accountable for your child’s injury. Erb’s palsy is often preventable.
To get started today with a free evaluation of the strength of your case, call the Birth Injury Lawyers Group at (800) 222-9529. We are here to help you and your family understand your rights and get justice for your child.
For a free legal consultation with Colorado Springs Erb's Palsy lawyer, call 1-800-222-9529
Understanding the Causes and Outcomes of Erb’s Palsy Birth Injuries
Erb’s palsy occurs due to an injury to the nerves of the brachial plexus, where the nerves that allow sensation and movement in the shoulder and upper arm connect to the spinal cord. The severity of an Erb’s palsy injury can be very mild, partial, or complete. This means some children make a quick, seemingly complete recovery while others require extensive treatment and may have lifelong challenges as a result of their injury.
Some reports show that nine out of ten babies with Erb’s palsy recover without any medical intervention. Their doctors prescribe physical therapy and monitor their progress. However, the real numbers are unclear. There are also reports that people who do not undergo surgery as babies suffer related impairment later in life. This could affect as many as 20-25% of patients. Erb’s palsy may truly be a lifelong injury for some.
Causes of Erb’s Palsy
Erb’s palsy is commonly associated with a delivery complication known as shoulder dystocia. This occurs when the baby’s shoulder becomes stuck during delivery. Preventable brachial plexus injuries can occur when the doctor or another medical care professional pushes the baby’s head away from the shoulder, allowing the shoulder to slip out of the birth canal.
Other risk factors for Erb’s palsy may include:
- Large infants
- Forceps or vacuum extraction used during delivery
- A long second stage of labor, lasting an hour or more
- A mother with a previous delivery with shoulder dystocia or brachial plexus injury
If your child has an Erb’s palsy birth injury and requires observation or treatment, reach out to the Birth Injury Lawyers Group today by calling (800) 222-9529. A Colorado Springs Erb’s palsy lawyer from our team can help.
Colorado Springs Erb's Palsy Lawyer Near Me 1-800-222-9529
Recoverable Damages in a Colorado Springs Erb’s Palsy Case
If you can prove your child’s injuries occurred as a result of medical negligence, you can hold the doctor or hospital liable and recover compensation for your documented damages. Your attorney will help you collect evidence to show your economic and noneconomic losses. These could include:
- Current and future medical care, such as monitoring and surgery if needed
- Prescribed therapies before and after surgery
- Adaptive equipment as prescribed
- Ongoing support and care if necessary
- Out-of-pocket expenses related to the diagnosis and treatment
- Your child’s pain and suffering
- Other noneconomic damages
Proving your related losses and expenses is one example of how a Colorado Springs Erb’s palsy lawyer can make a significant difference in your case. Lawyers familiar with Erb’s palsy cases know how these cases affect children and families and how to prove their related damages. Evidence could come from:
- Relevant medical records
- Medical bills
- Expert witnesses who can discuss prognosis and future care needs
- Many other sources
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A Birth Injury Lawyer Can Handle My Colorado Springs Erb’s Palsy Case
During your free case review, a member of our team will consider whether they believe you have a viable medical malpractice case. Since attorneys are not medical professionals, this decision will be based on their legal knowledge and experience with similar cases.
To prove your case to the insurance company, judge and jury, or other parties, your Colorado Springs Erb’s palsy lawyer will need to collect evidence to support your claim that your child sustained a preventable birth injury, required treatment, and may have permanent injuries. The best way to do this, and a step required under Colorado law, is to call in a medical expert witness. This witness must:
- Have a similar background and education as the accused doctor
- Currently practice
- Practice in your area
Your attorney will identify a medical expert witness and enlist their help. They will also collect other evidence to prove your claim and support your financial recovery.
If you believe your child’s birth injuries were preventable and occurred because a doctor or another medical care provider acted negligently, you may have a viable medical malpractice case based on their Erb’s palsy diagnosis. To learn more and get help with your case today, call the Birth Injury Lawyers Group at (800) 222-9529.
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There Are Time Limits on Filing Birth Injury Lawsuits
Each state sets strict time limits on how long you have to file a medical malpractice lawsuit. However, the exact deadline in your case can be difficult to determine because there are many factors that go into the laws that apply. Working with an attorney who regularly handles birth injury cases in Colorado Springs can help you learn more about the applicable:
- Statute of limitations
- Statute of repose
- Other rules, such as tolling the statute of limitations when the victim is an infant
Your lawyer can help you understand the process of building a case, filing a claim, and pursuing compensation.
Seek Assistance From a Colorado Springs Erb’s Palsy Lawyer
If a doctor or another medical staff member at a Colorado Springs hospital or birthing center caused your child to suffer a preventable birth injury such as Erb’s palsy, your family may be able to take legal action to hold them accountable. You could recover damages that will help you pay for your child’s treatment and ongoing care.
Call the Birth Injury Lawyers Group today at (800) 222-9529 to get help with your case. Case reviews are free for families that have a child with Erb’s palsy or another brachial plexus injury diagnosis.