When obstetricians use improper or forceful delivery techniques, newborns can sustain nerve damage that, if left untreated, can cause lifelong disabilities. Erb’s palsy occurs when a physician applies too much pressure to the child’s neck and shoulder during delivery, causing their brachial plexus nerves to stretch and tear.
If your newborn has sustained Erb’s palsy as a result of dangerous delivery room practices, the team at Birth Injury Law Group is here to help you seek compensation. Treatment can be expensive, but a Mississippi Erb’s palsy attorney will hold the at-fault party liable for your medical bills and any other losses you and your child have incurred.
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How an Erb’s Palsy Attorney in Mississippi Can Help You and Your Child
Your lawyer’s main goal is to win you the settlement or jury verdict you need to improve your child’s quality of life. In order to get your newborn the treatment and accommodations they need to live comfortably, an Erb’s palsy attorney in Mississippi will perform the following services:
- Explain your legal options
- Provide a free case evaluation
- Collect evidence to build a strong claim
- Document your losses
- File a medical malpractice claim on your behalf
- Negotiate with insurance companies for a fair settlement
- Take the at-fault party to court, if necessary
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Erb’s Palsy Treatment in Mississippi
If your child has received an Erb’s palsy diagnosis, seeking treatment immediately is crucial to preventing lifelong symptoms. Your child may require injections or surgery, but the most common treatment method is daily physical therapy. The physical therapy required is simple enough for you to administer at home, but you’ll likely need to take off from work to do so.
Missing all those work days can take a toll on your finances, but an attorney can help you recover lost wages. They’ll demand that the guilty party compensate you for the time you spend taking care of your child. They’ll also request payment for a number of other losses related to your child’s condition.
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Damages an Erb’s Palsy Attorney in Mississippi Can Win for You
An Erb’s palsy attorney in Mississippi can win you the compensation you need to give your child a normal life. They can file a claim for both economic and non-economic damages. Economic damages generally cover the monetary expenses you incur during your child’s recovery.
Non-economic damages are meant to compensate for your child’s pain, reduced opportunities, and the emotional toll their injury has taken on you. Depending on the specifics of your case, you might also qualify for punitive damages. Punitive damages can be requested if the physician’s negligence was particularly egregious or malicious.
Your lawyer will review your case and determine which of the following damages you’re eligible to receive:
- 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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Proving Liability for Erb’s Palsy Claims
In order for you to receive the compensation you’re owed, your Erb’s palsy attorney must prove that your obstetrician was responsible for your child’s injury. This will require them to collect evidence that shows your physician failed to provide the appropriate duty of care to you and your child, and that their failure directly caused injury to your newborn.
There’s a great deal of evidence your lawyer will need to build a solid case for you. They’ll gather physical documents and records as well as verbal testimony from eye-witnesses and medical experts. Here’s some of the evidence your attorney will gather to prove liability:
- Medical records
- Treatment bills
- Witness accounts
- Expert testimony
- Medical tools used during your delivery
- Documented medical precedents to refer to
Other Parties an Erb’s Palsy Attorney Could Hold Liable for Your Losses
When filing an Erb’s palsy claim, there are quite a few parties that you can seek compensation from. An Erb’s palsy lawyer in Mississippi will determine who exactly can be held liable for your losses. Once they’ve identified the at-fault party, they’ll negotiate a settlement with their insurance company or, if necessary, file a lawsuit against them.
Here are some of the entities your attorney will consider when figuring out who should be held accountable for your child’s diagnosis:
- Physician’s assistants
- Nurse practitioners
Statute of Limitations for Filing an Erb’s Palsy Claim in Mississippi
There’s a deadline for filing medical malpractice claims in the state of Mississippi. According to Mississippi Code § 15-1-36, you have two years from the date of your child’s injury to file a claim. If you fail to file your claim within the legal timeframe, you won’t be able to recover compensation for your losses.
Hiring a skilled Erb’s palsy attorney soon after your child’s injury is the best way to ensure your claim is filed within the statute of limitations. A lawyer will be familiar with his or states laws regarding medical malpractice claims, and will make sure that all your paperwork is submitted on time.
No-Cost Legal Counsel for Your Erb’s Palsy Claim
You won’t have to pay any out-of-pocket costs for our legal services. That‘s because our attorneys work for a contingency-fee. A contingency-fee agreement promises your lawyer a portion of your settlement or court-awarded payment.
On average, attorneys take a third of their client’s final payment. If you case is unsuccessful, you won’t have to worry about drawing from your personal bank account, because your lawyer only gets paid if they win your case.
Contact an Erb’s Palsy Attorney in Mississippi and Receive a Free Case Evaluation
If your child’s brachial plexus nerves were damaged during delivery, you deserve to hold the offending physician accountable for their medical negligence. An Erb’s palsy lawyer in Mississippi can investigate your case, determine who’s at fault, and demand damages from the guilty party.
Call us or fill out a contact form on our website to get in touch with an attorney. Remember, you have a limited amount of time to file your claim, so don’t hesitate to reach out to Birth Injury Law Group and get the expert legal counsel you and your child need.