Erb’s palsy is an injury to the brachial plexus, a network of nerves located near the neck. Studies indicate that roughly one out of every 1,000 babies suffers from Erb’s palsy. While the condition normally corrects itself within the first few years of life, the injury may stem from medical malpractice and could end up affecting a child throughout their life.
Minnesota Erb’s palsy lawyers can help parents get compensation for any malpractice that caused a child’s injury. Going up against wealthy hospitals and insurance companies can be a difficult feat, but families can trust experienced attorneys to fight passionately for the rights of their child.
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When Medical Malpractice Causes Erb’s Palsy
Medical care providers have an inherent duty to provide a certain level of care. Known as the “standard of care,” this concept means that every medical professional should act in a way that other reasonable caregivers in their position would act. When they fail to do this, they breach their duty and may be liable for malpractice.
As Erb’s palsy is a nerve injury, it can be caused in a variety of situations during the birth. These include:
- Misuse of birth assistance tools, such as forceps
- Improperly pulling or twisting the baby’s head during delivery
- Failing to diagnose or failure to adjust to a breech birth
By far the most common cause of Erb’s palsy in newborns is excessive force used on the head or neck area. This can pinch or damage the brachial plexus nerves, and it is a form of medical malpractice.
Proving Medical Malpractice in Your Minnesota Erb’s Palsy Claim
In order for you to be eligible for compensation, your Minnesota Erb’s palsy lawyer must show evidence that the medical staff acted in negligent or directly harmful ways. The primary method of showing this is through the use of expert testimony.
Other delivery doctors or medical care providers who work in similar fields may testify that the staff who delivered your child did so in breach of the standard of care. Other forms of evidence that can help bolster your claim include:
- Testimony from you about the injury to your child
- Medical records showing the care needed post-injury
- Any documentation that shows the malpractice (i.e. a birth video that captures the moment when a nurse or doctor pulled on the baby’s head)
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What Compensation Are You Owed for Erb’s Palsy in Minnesota?
A lawsuit is designed to grant compensation to an injured party in accordance with the value of the damages that have been done to them. Sometimes, though, it can be difficult to put a precise dollar amount on the harm an action has caused.
In Minnesota Erb’s palsy lawsuits, your attorney can help you catalog and provide evidence of all the ways your baby and your family have been negatively impacted by this traumatic experience. You may be entitled to compensation for things like:
- The cost of medical care and rehabilitation for your baby
- Future medical expenses your baby will need to incur
- Loss of your child’s quality of life
- Any required assistive devices
- The physical and mental pain and suffering your child and family endure
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How a Minnesota Attorney for Erb’s Palsy Can Help
There are many ways in which an attorney dedicated to Erb’s palsy litigation can help you win your case in Minnesota. The legal professionals at the Birth Injury Lawyers Group work with you through every step of your case, including:
- Filing your claim within the four-year statute of limitations under Minn. Stat. § 541.076
- Collecting and preserving evidence of medical malpractice
- Cataloging your child’s totality of damages
- Gathering expert testimony
- Identifying defendants
- Negotiating with the opposing party
“Identifying defendants” may seem straightforward, but there could be multiple parties who hold a share of liability for your baby’s injury. For example, the doctors or nurses who performed the negligent action can be held liable—so can the hospital itself, especially if:
- The hospital hired the medical staff who injured your child when that staff member has a prior history of malpractice
- The tools and equipment used by the medical staff were out of date or damaged
- The injury was caused by the hospital’s policies, which deviate from the accepted standard of care
By analyzing the details of your case, a Minnesota Erb’s palsy attorney can help you zero in on all responsible parties who owe your child compensation.
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Talk to an Erb’s Palsy Attorney for Minnesota, FREE
At the Birth Injury Lawyers Group, we have helped many families through traumatic birth injury situations, and we’ve harnessed compensation for clients in need. Our Erb’s palsy attorneys in Minnesota are ready to listen to your case and walk you through your legal options.
To schedule a FREE consultation with no obligation to hire us for your case, simply fill out the form on our contact page. One of our representatives will be in touch with you as soon as possible to discuss how we can help you recover compensation for your child.