Erb’s palsy can cause newborns to suffer developmental delays and lead to extensive medical treatments. Therefore, if you believe another party’s negligence is the reason for your child’s suffering, take action with an Erb’s palsy lawyer in Hawaii now.
At the Birth Injury Lawyers Group, our attorneys are dedicated to securing substantial settlements on behalf of clients. We take swift legal action and make it our mission to hold every party accountable for their negligence. Learn more about how we help birth injury victims by scheduling a free consultation with our law firm.
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What an Erb’s Palsy Lawyer in Hawaii Does for You
Medical malpractice occurs when a healthcare professional or entity fails to administer reasonable care to a patient. Birth injuries are often the result of medical malpractice. For example, a doctor’s misuse of forceps during the delivery process can tear or damage nerves in the child’s neck, arms, or shoulders, resulting in Erb’s palsy.
The best thing to do for your child after a birth injury is to seek legal attention. Our team of Hawaii birth injury lawyers can provide a free case consultation to review your accident and determine if your child is the victim of medical malpractice. If so, we get to work immediately building a strong case to ensure your family receives the compensation they deserve.
The first thing your Erb’s palsy attorney will do is determine who is at fault for your child’s injuries. The list of liable parties could include delivery doctors, midwives, nurses, or the hospital itself.
By examining the details of your case, your Erb’s palsy lawyer in Hawaii can establish how negligence played a critical role in your child’s injury. To prove negligence, your attorney must first show:
- Duty of care: The at-fault party possessed an obligation to provide reasonable medical care to you and your child (the patients).
- Breach of duty: The liable party acted negligently, resulting in their failure to provide reasonable medicare care to you and your child.
- Causation: The responsible party’s negligent behavior caused your child to suffer Erb’s palsy.
- Damages: As a result of the birth injury, your family sustained financial and emotional losses.
Medical malpractice can occur at any point of your pregnancy, not just during the birthing stage. For example, imagine your doctor failed to flag you as a high-risk pregnancy and administer a caesarian section. Their negligence caused difficult labor, resulting in your child sustaining nerve damage. In this situation, your doctor could be held liable for your child’s injuries.
Once your lawyer establishes liability, they gather evidence to build a strong birth injury claim. Examples of the evidence our attorneys collect during the discovery process include:
- Witness accounts
- Testimonies from medical experts
- Photographs of your child’s injuries
- Medical records for your child
- Medical records documenting your pregnancy
We use this evidence to show how the negligent party caused Erb’s palsy and demonstrate the losses your family incurred due to the malpractice.
Your legal professional will carefully evaluate your family’s total losses to ensure you receive adequate compensation. Without a lawyer on your side, you may not account for future financial costs or be unable to prove non-economic losses, such as pain and suffering. But our attorneys make it their mission to secure every dollar our clients are owed.
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Damages You Can Recover in an Erb’s Palsy Suit
Once your Erb’s palsy lawyer establishes that you have a valid claim, they pursue compensatory damages on behalf of your family. These damages may cover economic losses as well as intangible damages your family endured due to the accident.
By filing a birth injury lawsuit, our Erb’s palsy attorneys in Hawaii will seek compensation to cover the cost of:
- Past and future medical treatments
- Medical equipment (such as a wheelchair or home adaptations)
- Childcare services
- Pain and suffering
- Loss of enjoyment of life
- Lost wages for parents taking time away from work to care for their child’s injuries
Securing these damages can feel like an uphill battle, especially when dealing with insurance adjusters. But our legal experts are familiar with the tactics insurance companies use to stall, reduce, or deny compensation. That’s why our Erb’s palsy team does not ask for justice; we demand it. And we will not hesitate to take your claim to court if necessary.
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How Much Does an Erb’s Palsy Lawyer in Hawaii Cost?
Erb’s palsy can lead to expensive medical treatments that families can struggle to afford. That’s why our Hawaii birth injury lawyers operate on a contingency fee basis. We provide legal services without any upfront charges. Instead, we get to work immediately and work tirelessly to secure your compensation.
Once we receive your settlement check, we deduct our legal fees from the lump sum. Then, we send the remaining amount directly to you.
Our Hawaii Erb’s palsy lawyers provide top-tier legal services that all families can afford by working on contingency. And since we only get paid if you do, our clients do not doubt that our lawyers will do everything they can to secure maximum compensation for their lawsuit.
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Deadlines for Filing an Erb’s Palsy Claim in Hawaii
Hawaii Revised Statutes §657-7.3 requires all medical malpractice victims to file a lawsuit within two years of the date of injury or illness. However, there are exceptions to the statute of limitations, and the deadline can change when a minor is involved.
If you are unsure of your case’s statute of limitations, consult with an Erb’s palsy lawyer in Hawaii. Our legal team is well-versed in Hawaii laws, and we can make sure that you file all necessary documents on time. If not, you risk losing your risk to pursue compensation.
Trust Our Hawaii Erb’s Palsy Lawyers to Handle Your Claim
If your child sustained Erb’s palsy due to a medical practitioner’s negligence, let the legal experts at the Birth Injury Lawyers Group represent your claim. Our team of Hawaii Erb’s palsy attorneys will demand justice for your child’s injuries and hold all liable parties accountable for their actions.
Contact our law office now to learn more about our legal services and receive your free birth injury case review.