If a court determines that your child’s Erb’s palsy may have been caused by medical negligence, then your family may be entitled to awards. Losses stemming from Erb’s palsy can be significant, as can the trauma of initially witnessing the symptoms of Erb’s palsy — not to mention the process necessary for your child to recover, if they can recover.
Call the Birth Injury Lawyers Group today at (800) 222-9529 to find out more about medical malpractice and your possible eligibility to collect compensation for your child’s Erb’s palsy.
Courts Take Child Birth Injuries Seriously
Research suggests that not only are the overall amounts of payouts for medical malpractice rising, but also that those who commit negligence involving children may be at risk of having to pay a substantial amount of damages. History shows that, in general, civil courts do not take injury to children lightly, and you should consider the possible benefit of pursuing a lawsuit based on medical malpractice.
You may be facing a significant number of direct costs and hardships which another party may be responsible for if they are found to have caused your child’s birth injury. Some of the possible recoverable losses stemming from your child’s Erb’s palsy may include:
- The mental anguish that you have suffered from witnessing your child’s symptoms of Erb’s palsy. You may have also suffered anguish from seeing your child in pain and having to face recovery from an injury that may have been preventable.
- The physical and psychological injury that your child suffered.
- Additional healthcare costs imposed by the diagnosis of and treatment for your child’s Erb’s palsy. A child with Erb’s palsy will often require rehabilitation for your child’s injury, often beginning at the three-week mark.
- Any delay in your child’s development that arises from your need to treat their symptoms of Erb’s palsy.
- Any income or wages that you had to give up to care for your child. The condition may delay your initial plan to return to work.
- The cost of hiring any caregivers required to assist you with your child’s Erb’s palsy.
You may be facing additional expenses and hardships other than those listed here. A lawyer will speak with you at length about the circumstances of your child’s injury and the list of losses for which you may be reimbursed.
"If your child was born with a birth injury, or cerebral palsy, we can help."
How a Centennial Erb’s Palsy Lawyer Can Help
A lawyer will answer all questions that you have about your possible eligibility for a medical malpractice lawsuit. They will generally know the intricacies of the law surrounding medical malpractice and can advise you on how relevant statutes pertain to your child’s injury circumstances.
Once you have completed your free consultation, your lawyer will:
- Reach out to any potential witnesses to the negligence that affected your child.
- Collect evidence, such as hospital records, that could indicate negligence contributed to your child’s Erb’s palsy.
- Speak with experts in the medical field who will help analyze your case for signs of negligence.
- File the necessary paperwork to begin legal proceedings.
- Organize an evidence-based case for compensation with the aim of showing a jury that one or more defendants are liable for your child’s birth injury.
- Serve as your legal counselor throughout the entirety of your case.
- Inform you of any settlement offers extended to you by the defendants.
- Protecting your rights to privacy and dignity.
- Doing the legal work so that you can focus on your child’s recovery.
A lawyer can take a significant load off your shoulders — you can rest assured that somebody is fighting for compensation that you may be entitled to while you focus on yourself and your child. Call our team at the Birth Injury Lawyers Group today at (800) 222-9529 to find out more about how we can help.
Proving Negligence in an Erb’s Palsy-Related Case
A critical duty of your lawyer will be to show that the defendant(s) in your case violated yourself and your child’s reasonable right to safety, and in doing so acted with negligence. Your case may involve multiple defendants, possibly including the hospital where you received prenatal care or gave birth.
Generally, Erb’s palsy-related malpractice suits center on the actions of a medical professional. In many cases, the defendant is an obstetrician who delivered your child. In order to paint the big picture of negligence by such a defendant, your lawyer will:
- Establish the standard of care that the obstetrician owed to you and your child.
The obstetrician had a standard of care they must uphold, and if they do not uphold that standard of care and injure a child, they may be liable.
- Show the court how the defendant breached their standard of care.
In an Erb’s palsy-related negligence case, the breach of duty (and thus the negligence) could occur during the prenatal stage, during delivery, or after your child was born. Your lawyer and their medical experts will pinpoint the most likely time when negligence may have occurred.
- Establishing a link between the defendant’s negligence and your child’s injury.
Your lawyer will rely on evidence, testimony, and the common sense of the jury to establish this link.
- Calculating damages that you are entitled to.
Your lawyer will explain to the jury the logic behind their calculations and ask that they order the defendant(s) to pay you the full amount of those damages.
Keep in mind that you may be able to reach a settlement that you believe is fair before going to trial. Should your case reach the trial stage, a lawyer will be well prepared to bring your case forward.
Centennial Erbs Palsy Lawyer Near Me 1-800-222-9529
Call Our Team at the Birth Injury Lawyers Group Today
You have enough ahead of you, namely your child’s road to recovery. Allow our team to take on your fight for compensation while you tend to your child. Call us today at (800) 222-9529 to conduct a free case review. Do not wait to call, as you may have a limited window to bring legal action.
"We are committed to helping families who have suffered medical negligence."