When unexpected things happen during labor, the birth of your child can turn into a traumatic event. Negligence on the medical professionals’ part can cause birth injuries that can have severe health consequences for the child, the mother, or both. Brachial plexus injuries, including Erb’s palsy, are commonly associated with medical negligence during labor and delivery.
Kansas Erb’s palsy attorneys can approach your case in a way to best communicate your needs and circumstances to the court or insurance company that will hold the guilty parties liable for the injuries or losses your family has experienced as a result of medical malpractice.
For a free legal consultation with Kansas Erb’s Palsy lawyer, call 1-800-222-9529
Damages You May Be Able to Collect from an Erb’s Palsy Lawsuit
Your lawyer can help identify what losses your family has experienced as a result of your child’s diagnosis and then assign a total value to them to be used in settlement negotiations. The costs for the following damages can possibly be compensated by the liable party and their insurance company:
- Past and future medical care
- Medical equipment and assistive devices
- Therapy and rehabilitation
- Lost income from time the parents took off of work
- Special education
- Home modifications
- Medications
- The child’s pain and suffering
- Disability
In Kansas, there is a cap on non-economic damages in medical malpractice cases, per Kan. Stat. § 60-19a02. You cannot collect more than $325,000 if your case was accrued between July 1, 2018 and July 1, 2022.
If your case is accrued on or after July 1, 2022, your cap on non-economic losses is $350,000. Your compensation will also have to be administered in small payments instead of a lump sum.
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What a Kansas Erb’s Lawyer Will Need to Prove
You and your Kansas Erb’s palsy attorney will need to prove the following elements to make a valid medical malpractice case:
- A relationship existed between you, your child and the medical professional
- Because you had a defined relationship, you and your child were owed a duty of care
- The healthcare provider deviated from the acceptable standard of care
- Their breach of care directly caused your child’s birth injury
- As a result of these careless actions, your family accrued damages
After these points have been established, your lawyer can begin making a claim for your damages. It is likely your case can settle without going to trial. However, hospital insurance companies will try to offer an unfair settlement amount or won’t be willing to negotiate, at which point your attorney will help you take your case to trial.
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How Medical Negligence Could Have Caused Your Child’s Erb’s Palsy
There are many ways in which your child’s brachial plexus injury could be the fault of a medical professional. When doctors, nurses, or hospital administrators fail to address immediate concerns in time, handle delicate situations incorrectly, or make an irreversible error, serious complications can arise.
It is a doctor’s responsibility to monitor pregnant women for any possible complications. For instance, if your child showed signs of being breech, your doctor should have noticed and made the appropriate decision and performed a C-section.
Another way in which your healthcare provider could have been negligent is in how much force they used during delivery. If a baby’s head got stuck in the pelvis or birth canal, a medical professional can feel pressured to get the baby out as quickly as possible and handle the newborn improperly.
Pulling too hard on the child in this situation can stretch their nerves and cause Erb’s palsy. Misjudging force can easily lead to injury. The use of instruments like forceps can also cause damage.
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Costs of Hiring a Erb’s Palsy Lawyer in Kansas
Families dealing with a birth injury case are already facing financial struggles because of medical bills and injury-related damages. Fortunately, most Erb’s palsy attorneys in Kansas offer payment on a contingency basis. You are not required to pay anything upfront. Your lawyer will only get paid when they win your case.
After your case is complete and you have won a settlement or court award, your attorney will collect their payment as a percentage of how much you recover in damages. You can expect lawyer’s fees to be about 25% to 40% of your total compensation.
Kansas Erb’s Palsy Lawyers Fight for You
Upon hiring a legal representative for your medical malpractice case, a qualified Kansas Erb’s palsy lawyer may be able to help you:
- Understand how your injury came to be injured and diagnosed
- Determine whether you have a valid case and if taking legal action is the right choice for your family
- Collect evidence such as medical records and experts testimonies
- File your Erb’s palsy lawsuit
- Navigate the legal process within the state-specific deadline (also known as the statute of limitations, Stat. § 60-513)
- Seek compensation that can cover your child’s past and future medical expenses
Speak With Birth Injury Lawyer Group in Kansas Today
You have a right to demand compensation from all liable parties if your child was injured at birth due to negligence. At the Birth Injury Lawyers Group in Kansas, we understand how devastating a birth injury can be and make it our priority to secure the recovery you need to build the best life for your child.
To learn more, contact us today and schedule a free consultation with our Kansas Erb’s palsy lawyers. We will listen to your concerns, estimate your potential compensation, and evaluate your case at no charge to you.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form