When medical negligence occurs in the delivery room, it can leave your child with life-long disabilities. If your child sustained damage to their Brachial Plexus nerves due to the irresponsible actions of an obstetrician or midwife, you may be entitled to file a medical malpractice claim against the guilty party.
An Erb’s palsy attorney in Michigan can help you hold the at-fault physician liable and demand that they compensate you for your losses. The attorneys of Birth Injury Lawyers Group have years of experience litigating claims just like yours, and will be able to secure the payment you need to help your child recover and have a normal life.
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An Erb’s Palsy Attorney in Michigan Can Help You Get Access to Treatment
If left untreated, Erb’s palsy can cause lifelong symptoms including limited mobility, chronic pain, hypersensitivity, and paralysis of the arm. Luckily, there are a number of treatment options for your child including physical therapy, injections, and in some cases, surgery.
Although physical therapy, the most common treatment, is usually performed at home by the parent, there are other treatment methods and losses associated with your child’s condition that you’ll need compensation to cover. A skilled Erb’s palsy attorney in Michigan can demand payment for your child’s treatment and any other losses you and your family have incurred.
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Damages an Erb’s Palsy Lawyer Can Fight for
An Erb’s palsy diagnosis can result in a number of expenses and losses other than treatment bills. Although being able to pay for your child’s medical bills is the primary purpose for seeking damages, getting the most out of your claim can help relieve some of the pressure that comes with such a diagnosis.
A lawyer in Montana can review your case and determine which damages you’re eligible to receive. Here are several of the costs and losses your attorney can help you seek compensation for:
- Past, present, and future medical costs
- Pain and suffering
- Emotional trauma
- Wages you’ve missed out on while taking care of your child
- Therapy and other treatments
- Child’s loss of opportunities
- Cost of medical devices
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An Erb’s Palsy Lawyer in Michigan Can Prove Liability
In order to get you the damages you need to help your newborn, your Erb’s palsy attorney will need to prove that your physician failed to uphold the standard of care they owed you and your child. Your Erb’s palsy lawyer in Michigan will gather the following pieces of evidence to hold the at-fault medical professional accountable for their negligence:
- Medical records
- Treatment bills
- Eye-witness accounts
- Medical tools used during your delivery
- Expert testimony
- Documented medical precedents
Once your attorney has conducted an investigation of your case and collected the necessary evidence, they’ll be able to prove that the doctor’s negligence was the direct cause of your child’s injury. If an appropriate settlement hasn’t been offered at this point, your lawyer will take your case to court and use the evidence they’ve gathered to sway the jury in your favor.
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An Erb’s Palsy Attorney Can Build a Claim Regardless of How Your Child’s Injury Was Inflicted
There are several ways a child can sustain the injuries that cause Erb’s palsy. An attorney will be closely familiar with the different mistakes that cause nerve damage in newborns. They’ll also adjust their management of your case according to the specifics of the situation your child was injured in.
Here are several of the medical incidents your Erb’s palsy lawyer will be able to build a case around:
- Breech delivery. If your physician pulls too hard on your child’s feet during a breech (feet-first) delivery, it can damage your baby’s brachial plexus nerves and cause Erb’s palsy.
- Cephalic delivery. Your newborn’s neck and shoulder nerves can also be damaged if the doctor pulls too hard on their shoulders during a cephalic (head-first) delivery.
- Improper use of medical instruments. Some deliveries require the use of forceps or vacuum extractors. If these tools are used incorrectly, they can cause your child’s nerves to stretch and tear.
- Shoulder dystocia. If your baby’s shoulder gets stuck in the birth canal, your physician might have to pull on their head to complete the delivery. If this isn’t done with extreme care, it can damage your newborn’s nerves.
Statute of Limitations for Filing an Erb’s Palsy Claim in Michigan
If your child has been injured by the negligence of a medical professional and you need to seek compensation for your losses, you’ll have to do so before the legal deadline. That being said, there are exceptions to the statute of limitations. For example, if your child’s injury is not immediately apparent, you may be granted an extension.
In Michigan, you have two years from the date of your child’s injury to file a medical malpractice claim. If your child’s injury was discovered later on, you’ll have to file your claim within six months of the date of diagnosis.
An Erb’s Palsy Attorney Can Negotiate With Insurance Companies
Insurance companies are infamous for ambushing injury victims with low-ball settlement offers. If you receive an offer from the guilty party’s insurer, make sure to have a skilled birth injury attorney look it over before you sign anything. Your lawyer will be able to determine if the offer is sufficient and negotiate a higher amount if necessary.
Predatory insurers will use every trick in the book to deny you the compensation you’re owed. Fortunately, our Erb’s palsy attorneys in Michigan know how to handle insurance companies. They’re skilled negotiators, and aren’t afraid to take the defendant to court if an appropriate settlement isn’t offered.
Our Erb’s Palsy Attorneys in Michigan Are Ready to Help
At Birth Injury Law Group, we believe financial shouldn’t be a barrier to receiving first rate legal counsel. That’s why our lawyers work for a contingency-fee, or a portion of your court verdict. You won’t have to pay a dime in out-of-pocket fees, even if your case is unsuccessful.
You’ve got nothing to lose, and everything to gain from hiring an Erb’s palsy lawyer from Michigan. Your attorney will investigate the malpractice that resulted in your child’s diagnosis, and hold the at-fault physician liable for economic and non-economic damages. Call or contact us online to get your free case evaluation and start the process of filing a claim.