An injury during the birthing process is not something most parents anticipate happening. If your baby has received a diagnosis of Erb’s palsy, you may be wondering how this could have happened. Did a doctor or nurse involved in the birth cause the injury?
Many times, Erb’s palsy in a newborn is related to a preventable injury that occurs during the birthing process, often called a brachial plexus birth injury. If a doctor’s negligence caused your child’s injuries, you may be able to seek damages for your child’s behalf.
A Meridian Erb’s palsy lawyer from the Birth Injury Lawyers Group can defend your right to seek damages. Call us at (800) 222-9529 today for a free consultation. Because we work on a contingency fee basis, your family will pay nothing in advance to retain our services.
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How Medical Malpractice Can Cause Erb’s Palsy
The birth of a baby is a complicated medical procedure. Although most births result in a healthy mother and baby, sometimes the delivery results in some sort of birth injuries in newborns.
Erb’s palsy can occur as the result of excessive force on a child’s head, arm, shoulders, or neck during delivery. It can also be the result of an injury caused by a delivery assistance tool like forceps or a vacuum extraction device.
Frequently, Erb’s palsy cases look for a doctor’s negligent acts that allowed the delivery to escalate into a dangerous situation where excessive force was used. If a doctor did not properly screen the patient, evaluate risks, or propose a contingency like a C-section delivery, they may be liable for the injuries the riskier delivery caused.
In other words, if another doctor had been helping you, they may have screened for a dangerous delivery and chosen a safer alternative that would not have caused your child’s Erb’s palsy.
This can be a difficult standard to prove, which is why many medical malpractice cases require a medical expert to testify in the plaintiff’s defense.
The Birth Injury Lawyers Group can provide such expert testimony as part of our research into doctor negligence in your case. Call us at (800) 222-9529 today for a free review of your case.
Meridian Erb's Palsy Lawyer Near Me 1-800-222-9529
Compensation in an Erb’s Palsy Case
If you can prove that a doctor’s negligence caused your child’s Erb’s palsy, they may owe you compensation. Recoverable damages in an Erb’s palsy medical malpractice case may include:
- A refund for any medical treatment deemed negligent
- The costs of diagnosing and treating your child’s Erb’s palsy
- The cost of your child’s ongoing therapies
- Lost wages for parents who must miss work as a result of this diagnosis
- Pain and suffering
Our legal team can discuss what compensation may be available to your family when you call us for your free consultation.
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Signs of Erb’s Palsy
Erb’s palsy may not be immediately apparent after birth. You may not recognize symptoms until you have observed your baby for several weeks or longer.
Some signs of Erb’s palsy in an infant include:
- Numbness in the shoulder or upper arm
- An inability to lift the arm
- An inability to lift the hand to the mouth
- An appearance of paralysis in the shoulder or arm
- Holding the arm close to the body in an odd manner
If you see signs that you believe could be related to Erb’s palsy in your newborn, always inform your doctor as quickly as possible. The sooner your child is diagnosed, the sooner you can begin taking steps to help them recover. While most children are able to make a full recovery from Erb’s palsy, some may suffer lifelong symptoms.
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Limited Time to Act in an Erb’s Palsy Case
Idaho, like other states, has a statute of limitations on medical malpractice cases. This is a legal time limit for how long you have to file a lawsuit. If you wait too long and let the statute of limitations expire, you may lose the right to sue no matter how strong your evidence of malpractice is.
Call the Birth Injury Lawyers Group as soon as possible after receiving your child’s diagnosis. We can inform you of that time limits pertain to your case. Even if you think the time limit may have passed, there may be circumstances that allow you to extend your right to sue.
Let Us Negotiate on Your Behalf
A malpractice insurance adjuster may contact you with a potential settlement amount after your baby has received a diagnosis of Erb’s palsy. You may be tempted to accept the offer and put the process behind you, but you may not be certain if the offer is a fair one.
When you call the Birth Injury Lawyers Group, our team of attorneys can give you a perspective on what your case may be worth. If you choose us to represent you, we can negotiate for a higher rate with the insurance company and take the case to court if they are not willing to make you a fair offer.
Our lawyers can handle the logistics of your case while you spend time with your family. Not only can a medical malpractice suit provide your family with compensation it may need for your child’s treatment, but it can hold negligent doctors accountable and prevent other Meridian babies from experiencing the same injuries as yours.
For a free consultation, call us at (800) 222-9529. The Birth Injury Lawyers Group works on a contingency fee basis and does not collect any up-front fees for our services. Our payment only comes from the settlement amount or awards in court you may receive if your case is a success.