Erb’s palsy is a condition in which a child’s arm may exhibit signs of weakness, lack of feeling, or limited movement. This condition sometimes occurs from an injury during birth to the brachial plexus nerves.
An injury to the brachial plexus nerves at birth can be the result of the attending physician using excessive force to deliver the baby. Such an act, or the decisions that led to it, could be considered medical malpractice in Indiana court.
If medical malpractice contributed to your child’s Erb’s palsy, you may be able to collect compensation for you and your child’s damages. The Birth Injury Lawyers Group can assist you with filing a claim with the medical care providers or the hospital’s insurance company. We can negotiate on your behalf with the insurance company to reach an agreeable settlement, and if unable to do so, pursue a lawsuit for a court award.
Call the Birth Injury Lawyers Group today at (800) 222-9529. The initial consultation is free, and there are no up-front costs. We work on a contingency fee basis, so you pay nothing until you collect compensation. Call us today.
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Erb’s Palsy and the Brachial Plexus
Erb’s palsy can present as a weakness or a lack of feeling anywhere between the child’s shoulder to fingertips. A child affected by Erb’s palsy may have their arm lay limp at their side. They may have difficulty raising that arm or feeling any sensations on the skin.
Erb’s palsy is caused by an injury to the brachial plexus. The brachial plexus is a collection of nerves from the spinal cord that runs down the shoulder and neck. This nerve cluster controls movement and sensation in the shoulders, arms, hands, and fingers.
Many children recover from Erb’s palsy with treatment in a matter of weeks, months, or years. In severe cases, the nerves may never recover.
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Causes of Brachial Plexus Injuries
In a birth injury, the common cause of a brachial plexus injury is the stretching and tearing of the nerves. An unborn child may be susceptible to a brachial plexus injury if it becomes stuck in the vaginal canal due to an above-average birth weight, is in a breech presentation during delivery, or if delivery is complicated in any way.
During a difficult childbirth, a doctor can overreact and use excessive force to deliver the baby, damaging the brachial plexus.
If your child has Erb’s palsy, it is worth examining whether medical malpractice was the cause. A Fort Wayne Erb’s palsy lawyer can help you if you are interested in investigating your potential case.
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The Elements of Medical Malpractice
There are certain criteria we must prove in a medical malpractice case to establish doctor liability for your child’s Erb’s palsy. They include:
- Duty of care: the healthcare provider is expected to behave in a way that is consistent with others of their level of training and in the same circumstance.
- Breach of duty: the healthcare provider deviated from that expected standard.
- Causation: the deviation in the standard caused a birth injury.
- Damages: you and your child suffered injuries and losses.
With Erb’s palsy, a breach of duty could include an instance in which a doctor applied excessive force when it was not necessary. It can also include instances in which a doctor neglected to screen for a dangerous childbirth and provide a safer alternative, such as a C-section.
If you suspect that medical malpractice played a role in your child’s Erb’s palsy diagnosis, call the Birth Injury Lawyers Group at (800) 222-9529.
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Filing an Insurance Claim
You have the right to pursue compensation if you or your child has suffered from medical malpractice. To collect compensation, you will need to file a medical malpractice claim with the liable party’s insurance company. Your claim will require documentation and evidence supporting your claim of the medical malpractice that led to your child’s Erb’s palsy.
The insurance company may review your claim and either honor your demand for compensation by sending you a full settlement or offer you a partial settlement instead.
You can try negotiating with the insurance company at this point, augmenting your claim with further evidence as necessary, but eventually the insurance company will give you a final offer. If you take this final offer, you may not be able to pursue further compensation later.
You could also decline the final offer from the insurance company and file a medical malpractice case against the insurance company to let the courts decide on a fair settlement.
The Services Provided by a Fort Wayne Erb’s Palsy Lawyer
The Birth Injury Lawyers Group can represent you in both insurance negotiations and a lawsuit in court. A Fort Wayne Erb’s palsy attorney from our firm can help you with:
- Gathering any medical documentation that supports your claim
- Identifying all liable parties.
- Consulting with medical experts
- Calculating your current losses and future therapy
- Filing a comprehensive claim as well as building a strong case
- Negotiating with the insurance company on your behalf
- Pursuing compensation through the entire process, even to trial if necessary
Our firm offers these services on a contingency fee basis with no up-front payment required.
Call a Fort Wayne Erb’s Palsy Lawyer Today
Each state has a statute of limitations, or deadline, for filing a lawsuit. If this deadline expires before you take legal action, you could lose the right to sue.
To avoid missing any deadlines, contact the Birth Injury Lawyers Group. We can inform you about how the statute of limitations pertains to your case during your free consultation.
Call us at (800) 222-9529. The Birth Injury Lawyers Group represents Fort Wayne families on a contingency fee basis with no up-front payment required.