Newborns are incredibly vulnerable, yet sometimes medical professionals do not take appropriate measures to ensure their safety before, during, and after the birthing process. Birth injuries, a form of medical malpractice, reflect on the abilities of a medical professional and their staff to care for their patients. When this happens, their negligence may be to blame for lifelong disabilities, including Erb’s palsy, a condition that impacts a free range of movement in a child’s shoulder, arm, and hand.
If your child has been the victim of a birth injury and was later diagnosed with Erb’s palsy, you may have the right to seek financial recovery to cover their expenses. To learn more, speak to an Illinois Erb’s palsy lawyer with the Birth Injury Lawyers Group at (800) 222-9529.
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Understanding Erb’s Palsy
Erb’s palsy is caused by circumstances surrounding a traumatic birth. Typically, what happens is that the baby becomes lodged in the birth canal against the mother’s pelvis, which impedes a smooth delivery. The doctor is then tasked with deciding what procedure would best benefit the mother and child. It is here that medical malpractice may take place. Some doctors will delicately reposition the baby inside the mother to promote a head-first delivery. Others may perform a C-section. However, some professionals may pull the baby out of the mother by sheer force or use medical tools that put unnecessary strain on the infant’s nerves. Erb’s palsy can result when the nerves of the brachial plexus are torn, stretched, or broken.
When you work with our legal team, we will review the events of your child’s birth to determine how a medical professional violated the standard of care.
For example, if the caregiver:
- Used a vacuum extractor or forceps to deliver the child
- Allowed the second stage of labor to exceed 60 minutes
- Applied undue pressure on the baby’s nerves
- Failed to reposition the infant from the breech position
- Dropped the child shortly after birth
- Did not take measures to accommodate a large baby’s delivery
Clearly, we are not medical doctors. However, our Rockford Erb’s palsy lawyers have the ability to consult with relevant experts to provide their opinion on what measures they might have taken to promote a safe birth. Additionally, we can also examine the mother and child’s medical records to prove that the injury is directly related to the delivery process. For instance, we may review third-trimester ultrasounds to point out that the child did not have any deformities or apparent disabilities before being born.
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Treating Erb’s Palsy
This condition requires extensive treatment. Depending on the specific symptoms that your child is experiencing, a physician may recommend any one or combination of the following:
- Nerve grafting
- Physical therapy, including hydrotherapy or occupational therapy
- Nerve transfer
- Release of joint contractures
- Tendon transfer
These treatments are costly, and not all families have access to healthcare. If your child has been diagnosed with this condition as a result of medical malpractice, you have the right to pursue compensation to cover their treatment costs and other related expenses.
The Rockford Erb’s palsy lawyers with the Birth Injury Lawyers Group serve parents whose children have been injured by medical malpractice. We may be able to help you hold the liable parties responsible for your child’s condition. Call us at (800) 222-9529 for a free case evaluation.
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Recoverable Damages for Erb’s Palsy Claims
During the course of our investigation, if we discover that the attending doctor provided ineffective care, we may be able to pursue their insurance company for your damages. We may also be able to move forward with a civil action against the facility itself through vicarious liability if the caregiver in question was a member of their staff. The details of your case will provide your lawyer with an outline of how to best effectively address your financial needs.
You may be able to seek damages for:
- Past and future costs of medical treatment
- Pain and suffering
- Psychological distress
- Lost wages or diminished earning capacity due to extensive childcare
- Loss of future opportunities for the child
You may be able to receive compensation and put the money in a trust for the child to access as they get older. That way, they can spend the funds to address any unforeseeable necessities relating to their condition.
We understand the heavy financial burden that our Rockford Erb’s palsy clients endure getting treatment for their children. Call the Birth Injury Lawyers Group now at (800) 222-9529 to get started.
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What a Rockford Erb’s Palsy Lawyer Can Do to Help Your Case
We want to do everything in our power to get you the compensation your family deserves.
During these difficult times, we fight for our clients by:
- Interviewing witnesses
- Determining an accurate estimate of your damages related to the injury
- Negotiating for a settlement that accurately covers your expenses
- Presenting evidence and legal arguments in furtherance of your case
- Pursuing an out of court settlement that covers your losses
- Litigating a lawsuit, if necessary
Our team works on a contingency basis, meaning that we take our payment out of the compensation we get for you. Accordingly, there are no start-up costs, hidden fees, or hourly stipends. We only get paid if we are successful in pursuing your case.
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The state’s statute of limitations limits the time you may have to submit a complaint against your healthcare provider. Starting the process promptly gives your lawyer more time to build your case, collect evidence, and negotiate with the involved parties.
It is our belief that no family should have to endure the aftermath of a birth injury alone. When it comes to your financial losses and emotional trauma, we provide responsive services to families in Rockford.
Call the Birth Injury Lawyers Group now at (800) 222-9529 for a free consultation.
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