Medical conditions can be diagnosed as a result of birth injuries newborns suffer because of negligence and malpractice. These injuries can likely lead to lasting and debilitating problems for the rest of the child’s life. Recovering compensation is absolutely critical for both the child and their family.
Erb’s palsy attorneys in Idaho can help families recover that compensation whenever careless actions cause a birth injury. Don’t go through this alone and find out how filing an Erb’s palsy claim can save your family thousands of dollars in medical bills.
How Much Does an Erb’s Palsy Lawyer Cost?
Hospital bills and medical costs can easily put someone in debt and it’s likely to assume your family has spent a good amount of money on your infant’s care. To relieve some of your financial stress, a qualified Erb’s palsy lawyer is prepared to help you secure fair compensation, and if they cannot, many firms do not require payment.
Many Erb’s palsy attorneys work on a contingency-fee basis, meaning they do not require payments upon hiring. This begins with a free consultation at no-obligation to you where you can receive free legal advice and find out if you have a valid case.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What an Erb’s Palsy Lawyer in Idaho Can Do for You
While you focus on your child’s care, rehabilitation, and treatment, your Idaho Erb’s palsy attorney can take on the legal obligations that come with filing a medical malpractice lawsuit. While uncovering malpractice and negligence in your claim, your lawyer will need some additional information from you such as:
- How you believe your child was injured
- The date of the incident
- Why any prenatal or birth complications were not handled properly
- Who was responsible for medical errors
- Other medical professionals who played a role in your child’s injury
- The damages you suffered as a direct result of this preventable birth injury
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Idaho Medical Negligence Laws
Idaho Erb’s palsy lawyers are knowledgeable of state laws and can advise you of any statutes that could affect your case. You need to act quickly when contacting an attorney and filing a claim because you could be letting important deadlines pass by.
Statute of Limitations
According to Idaho Code §5-219, you have two years from the date your newborn’s birth injury was discovered to file your medical malpractice claim. This is likely the date when your child was diagnosed with Erb’s palsy or when your family could have reasonably discovered malpractice.
Comparative Negligence
If you are partially responsible for the injuries that led to an Erb’s palsy diagnosis, your family may lose a portion of your compensation. According to Idaho’s modified comparative negligence law, Idaho Code §6-801, if the former patient is partially responsible for their injuries, their damages will be decreased by their percentage of fault.
Examples of sharing some level of liability include disregarding medical advice or refusing necessary treatment.
Expert Affidavit Requirement
According to the Idaho Code §6-1012, in order to collect damages from a medical malpractice claim you are required to obtain an expert opinion on the alleged negligence. You and your lawyer must file an affidavit in which an expert will testify with medical certainty to a preliminary finding of malpractice. The documentation will:
- Identify the medical expert who is testifying
- Explain the basis for their opinion
- State that, while your child was cared for, a health care provider did not provide a medical standard of care
- Declare that this substandard care directly contributed to the your child’s injuries
"We know first-hand what you are going through."
You Can Receive Compensation for Your Erb’s Palsy Claim
If you believe your child’s diagnosis was the result of a medical malpractice injury, it’s fair for you to want answers, justice, and acknowledgement from your healthcare provider that they made an error. While money can’t change what happened, monetary compensation can cover your child’s treatment and support your family through their financial damages.
The amount you recover for your child will depend on the extent of damage, the permanent nature of the injury, how much medical care is expected in the future, and what evidence your attorney has against the negligent party. The compensation will also factor in medical expenses, rehabilitation, at-home modifications and equipment, and parent’s lost wages.
Working with an experienced Erb’s palsy lawyer in Idaho can give your family the best chance of collecting the most compensation. This will likely be through a settlement with the hospital’s legal team and insurance company or in front of a judge and jury. Your child’s disability is something they may have to live with forever, and getting justice and compensation is crucial.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Speak to an Idaho Erb’s Palsy Attorney at Birth Injury Lawyer Group Today
If your child has suffered a traumatic injury at birth and has since been diagnosed with Erb’s palsy, the Birth Injury Lawyer Group can offer your family compassionate and aggressive legal representation. Our team in Idaho can help you and your family recover the money you need to cover current, as well as future, expenses for your newborn.
Any questions or concerns can be addressed during a free case evaluation with one of our dedicated Idaho birth injury lawyers. We provide our services on a contingency-fee basis and do not require our clients to pay for any legal services unless we win your case. Contact us today to get started.
"We are committed to helping families who have suffered medical negligence."