When your child is born, the best result that you can ask for is that they are born happy and healthy without complications. However, that isn’t always how it happens. Sometimes, accidents happen and something goes wrong – but sometimes these accidents can be avoided.
If your child has suffered a birth injury, an Erb’s palsy attorney in Maryland may be able to help you get compensation. Negligent doctors and nurses should be held accountable for their malpractice, and a birth injury claim can help your family start to move on from the accident.
If you are wondering more about what a lawyer can do for you, don’t hesitate to get a free consultation with an Erb’s palsy lawyer. We want to help you pay for your expensive medical bills, and we don’t charge anything upfront.
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What Is Erb’s Palsy?
Erb’s palsy is a condition in infants that is caused by a brachial plexus injury, usually during the delivery process. According to Johns Hopkins Medicine, the brachial plexus is a network of nerves that connects the arm and shoulder to the spinal cord. These nerves are responsible for sensation and movement in the arm, and if they are damaged, it could result in paralysis.
Some symptoms of Erb’s palsy can include:
- A stiff arm held close to the body
- Lack of movement in the affected arm
- Lack of reflexes in the affected arm
- Lack of strength in the affected arm
If you suspect that your child has Erb’s palsy, you should always go to a doctor to get it diagnosed. The condition may require treatment and rehabilitation, and the sooner you act, the better.
The main cause of the brachial plexus injury that results in Erb’s Palsy is shoulder dystocia, which occurs when an infant’s shoulder becomes stuck in the mother’s pelvis during childbirth. This can happen during both natural birth and cesarean sections, and could possibly be the result of malpractice.
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Can You Sue for Erb’s Palsy?
If the injury that caused your child’s Erb’s Palsy occurred because of medical malpractice, then yes, you can most likely sue for damages. Medical malpractice suits are built on the following assumptions:
- Your caregiver owed you a duty of care. This is true of every medical professional – when they treat you, they are expected to care for you to a reasonable level.
- Your caregiver breached their duty of care. This is known as negligence.
- Your caregiver’s negligence resulted in specific economic and non-economic damages to you and your child.
Malpractice can take place in many forms, but shoulder dystocia mainly happens when excessive force is used when removing the child from the birth canal. This is often because doctors or nurses either incorrectly pull the child or misuse instruments like forceps and vacuum extractors.
If you have any reason to believe that your child’s birth injury was caused by malpractice, you can always get a free consultation with an Erb’s palsy attorney in Maryland. Our lawyers can sit down with you to assess your case and tell you what steps you could take to get compensation.
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What Can a Birth Injury Lawyer Do for You?
The range of things that an attorney can do is wide, but the most important thing that they can do for you and your family is to take some of the stress off of your shoulders. While you’re caring for your child, your birth injury lawyer will handle all the details of your claim for you. Things that your birth injury will do for your claim include:
- Investigate your case
- Gather evidence of medical malpractice
- Calculate the full scope of your damages
- Negotiate with the insurance company
- Fight for you in court, if necessary
It’s rare that birth injury claims ever become actual lawsuits. Instead, they’re usually settled outside of court, and the injured party comes away with a fair settlement. However, in the rare event that your claim does go to trial, your lawyer will fight for your right to compensation.
Our lawyers work on a contingency-fee basis, meaning that they don’t get paid unless you get your compensation. Instead, the legal fees will come as a portion of your initial settlement. That way, you don’t have to worry about paying for an attorney who won’t get you results.
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How Long Do You Have to Sue for Erb’s Palsy in Maryland?
In Maryland, the statute of limitations for medical malpractice cases is five years from the date of the incident or three years from the discovery of the malpractice, whichever is later. That’s according to Maryland Code §109.
That being said, the deadline is often longer if someone wants to recover damages from malpractice done to them as a minor. Then, they may have as long as their twenty-first birthday, as the clock may start ticking for them when they turn 18.
Regardless of the deadline, it’s best to get on a malpractice case as soon as possible. The longer you wait, the harder it is to gather evidence, and the smaller your chances are of getting compensation for your child’s birth injury. You should consult with a lawyer as to how long you have to file your specific claim.
Talk to an Erb’s Palsy Attorney in Maryland for Free
After your child has been injured by a negligent caregiver, you may be rightfully angry. Infants are vulnerable, and any slip-up can be irrevocably harmful. The Maryland Erb’s palsy lawyers at Birth Injury Law Group can help you hold the responsible parties accountable.
Call us or contact us online to talk to a birth injury attorney for FREE. The clock may be ticking for your claim, so don’t hesitate.