All healthcare providers must uphold the standard of care that dictates how they must treat patients who require medical intervention. They must take reasonable actions expected of another professional in the same situation to safeguard their patients against avoidable instances of harm or injury. In the case of expectant mothers, the attending medical staff must be able to identify any factors which may impede a smooth birthing process while also taking measures to promote the wellbeing of the child. When this fails, for whatever reason, it can be the foundation of a medical malpractice claim.
Erb’s palsy, also called a brachial plexus injury, is a condition that results from damage to the group of nerves at the base of the neck and can impede a child’s fine motor skills needed for everyday tasks. During the birthing process, if a doctor applies unnecessary force to deliver the child, they risk inflicting this avoidable condition. The Birth Injury Lawyers Group is serving families in Naperville whose children have been the victims of medical malpractice. If your child has suffered a birth injury and was later diagnosed with Erb’s palsy, you may be entitled to financial recovery to cover their related care costs.
To learn more, call the Birth Injury Lawyers Group at (800) 222-9529.
For a free legal consultation with Naperville Erb’s Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Results From Negligence
Erb’s palsy can result when a child is passing through the birth canal and the attending caregiver fails to anticipate complications and take preventative action.
These complications can include:
- The infant being in the breech position
- The umbilical cord being wrapped around the child’s neck
- The mother having a narrow birth canal
- The child having a larger-than-average birth weight
- Instances of multiple births
It was your caregiver’s responsibility to appropriately act in such a way that would prevent your child’s injuries. Either by consulting with other medical professionals or performing a C-section, they may have been able to prevent your child’s Erb’s palsy diagnosis. During our investigation, one of our main goals will be to determine how your child’s condition occurred. A Naperville Erb’s palsy lawyer from our team can examine the mother and child’s medical records, speak with medical professionals, and review imaging scans to confirm that your child’s condition was caused by negligence during delivery.
We understand that birth injuries are a sensitive issue. We approach each case with the compassion and empathy it deserves. To share your story with a member of our team, call the Birth Injury Lawyers Group at (800) 222-9529.
Naperville Erb’s Palsy Lawyer Near Me 1-800-222-9529
My Lawyer Must Prove Negligence
By moving forward with a civil action regarding a birth injury, your Naperville Erb’s palsy lawyer will need to prove that your medical team acted against the best interests of you and your child.
To promote your case’s success, we will need to establish the following:
- The party in question undertook a duty of care by providing medical treatment
- The medical professional violated this duty of care by performing an action that would not have reasonably been done by another professional in the same situation
- Either by the improper use of tools or excessive force, your doctor caused your child’s Erb’s palsy diagnosis
- Your family has incurred financial and emotional damages stemming from your child’s condition
During our investigation, we will search for evidence that establishes your claim. We may use ultrasounds and imaging scans to assert that your child had no previous disabilities before being born. We may be able to uncover that the medical professional in question has a history of negligence. Every case is different.
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Erb’s Palsy May Be Proof of Medical Malpractice
If your child has been diagnosed with Erb’s palsy, you may be entitled to compensation to cover the costs of many types of expenses associated with this condition.
If it can be proven that your child’s injury was a result of medical negligence by delivery room staff, you may be eligible to be compensated for:
- Past, present, and future costs of medical treatment
- The cost of assistive devices to promote fine motor skills, such as writing and typing
- Lost wages and diminished earning capacity stemming from childcare
- Physical therapy and corrective procedures
- Pain and suffering and inconvenience
- Emotional trauma
- Loss of future opportunities for the child
We understand that birth injuries can be devastating. Paying for the costs of Erb’s palsy treatment can compound this stress. If you are interested in learning more about our practice, call us today.
Our Staff Operates on Contingency
Many personal injury law firms work on a contingency fee basis. What this means is that there is no financial risk when you work with our team. There are no start-up costs, hidden fees, or hourly wages; we only get paid if we are successful in proving that your child was the victim of medical malpractice.
At the conclusion of your case, whether through a settlement or court award, our team will receive a check for the cost of your damages. We will take a percentage for our rendered services and then return the remaining portion to your family. At the beginning of our working relationship, we will outline in our contract what that percentage may be, only moving forward with your signature of approval. We pride ourselves on being open and honest with our clients amidst legal proceedings.
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We Are Now Fighting for Birth Injury Clients in Naperville
Our team has a background in holding negligent medical practitioners responsible for injuring children during delivery. Our goal is to make sure that every child who has suffered a birth injury gets justice.
If your claim qualifies, a Naperville Erb’s palsy lawyer from our team can support your case by:
- Independently investigating your claim
- Estimating the value of your child’s injury
- Gathering medical evidence to support your case
- Ensuring that your child’s injury is properly treated
- Making arguments that support a favorable result to your claim
- Negotiating for a fair settlement
- Supporting your case in court, if necessary
The time that you have to pursue a claim for medical practice may be limited. If your child has developed Erb’s palsy or another condition that you suspect was caused by medical malpractice, our team can help. Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free, confidential case evaluation.
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