Childbirth is a miraculous process, but it can be painful and even dangerous. You always want your caregivers to do their utmost to protect your child. Sometimes they fail – if they do, it can be catastrophic for your child’s health and leave them with a condition that could last months, years, or even their entire life.
If you’re the victim of a negligent doctor or nurse, an Erb’s palsy attorney in Louisiana could be able to help you hold them accountable. By filing a birth injury claim, you can take the first step towards justice, which includes compensation for your damages.
We offer free consultations to parents of injured children. At your meeting with one of our lawyers, you can learn more about how a birth injury claim can benefit you and what your options are for getting compensation.
For a free legal consultation with Louisiana Erb's Palsy lawyer, call 1-800-222-9529
Can Erb’s Palsy Be a Doctor’s Fault?
Sometimes, a birth injury that results in Erb’s palsy is a simple, random accident. However, malpractice is often the root of Erb’s palsy. Negligent doctors can fail to make necessary choices or handle complicated births well, and those mistakes can cause a brachial plexus injury.
Common ways that doctors cause Erb’s palsy include:
- Failing to diagnose a prenatal issue
- Waiting too long to perform an emergency cesarean section
- Failing to induce labor
- Using excessive force during delivery
- Misuse of medical tools like forceps or vacuum extractors
A skilled Erb’s palsy lawyer in Louisiana will be able to investigate your case to figure out what went wrong and who is responsible. Doctors, nurses, or even hospitals could be liable for your damages. No matter what party is at fault, if you have a valid medical malpractice claim, a lawyer can help you get compensation.
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Can You Sue for Erb’s Palsy?
If someone else’s negligence caused your child’s birth injury, yes, you can sue for Erb’s palsy. In order to have a valid medical malpractice claim, the following must be true:
- You had a doctor-client relationship with the at-fault party
- Your caregiver owed you a medical duty of care
- Your caregiver breached this duty– this is known as negligence
- The breach resulted in a birth injury
- That injury resulted in specific damages
An Erb’s Palsy Lawyer in Louisiana Can Help You Prove Negligence
Medical negligence is grounds for a lawsuit, but it often does not have to come to that. Most of the time, malpractice claims are settled outside of court between you and the at-fault party allowing you to walk away with a settlement without having to deal with a trial. It’s best to hire a lawyer who knows how to negotiate with the other party and the insurance company.
If you decide to go forward with your birth injury claim, you shouldn’t have to worry about paying for a lawyer who won’t actually get you results. That’s why our Erb’s palsy attorneys in Louisiana don’t charge anything upfront. Instead, we take contingency fees, which depend on you getting your compensation.
People who are on the fence about suing for Erb’s palsy can get a free consultation with a Louisiana birth injury lawyer who can assess their case and tell them what their options are. Don’t hesitate to talk to an attorney about your case.
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A Louisiana Erb’s Palsy Attorney Can Help You Prove Medical Malpractice
Most cases of Erb’s palsy that are caused by malpractice stem from shoulder dystocia, which is a specific injury that happens when an infant’s shoulder becomes stuck during delivery. This can happen during both natural childbirth and C-sections.
To show that your child’s shoulder dystocia was caused by a doctor’s negligence, your attorney will gather evidence that proves that the situation could have reasonably been avoided. Evidence in an Erb’s palsy case can include:
- Medical records
- Photo or video from the hospital
- Witness statements
- Expert testimony
Anything that shows that your treatment fell below the medical duty of care can help show that you are owed compensation for your damages. That’s why you should always record the name and information of the professional treating you and the hospital that you are in. Any information that you can retain can better your chances of a successful claim.
When you hire an attorney from our firm, you’re hiring someone with proven experience in birth injury law. In some cases, your lawyer may even hire a medical expert to testify that you are the victim of malpractice.
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Compensation You Could Receive from an Erb’s Palsy Settlement
If you and your lawyer are able to prove that you were the victim of a negligent caregiver, you will receive compensation for your ordeal. This compensation will come in the form of specific damages–these can be financial expenses that you have had to pay, but they can also be more abstract tolls on the quality of your and your child’s lives.
Damages in an Erb’s palsy claim can include:
- Medical expenses
- Fees for ongoing treatment like physical therapy
- Special accessibility accommodations for your child
- Pain and suffering
- Mental anguish
- Lost wages
- Wrongful death
To show exactly how much your claim is worth, your birth injury lawyer will calculate your damages and convey that number to the insurance company. Adjusters often try to limit how much you make from your settlement because they want to save money–a skilled attorney will keep them from taking advantage of you.
Talk to an Erb’s Palsy Attorney in Louisiana for Free
After your child is injured during birth, hiring an attorney for a long malpractice suit may be the last thing on your mind. Thankfully, the Louisiana Erb’s palsy lawyers at Birth Injury Law Group can handle all the legal details for you.
We want to help you and your child turn a page on a new chapter after your ordeal. A settlement can help with that. Call us today or contact us online for your FREE consultation with one of our birth injury attorneys.