Medical professionals working in a delivery room need to stay focused on the task at hand at all times. Any mistakes made on their part could drastically change the life of the child they’re delivering. When an obstetrician’s negligence results in the injury of a newborn child, they need to be held responsible for the pain, suffering, and financial losses they’ve caused.
If your child has suffered injury to their brachial plexus nerves due to the reckless oversight of a delivery room physician, a Missouri Erb’s palsy attorney can help you file a malpractice claim. The team at Birth Injury Lawyers Group has decades of experience helping parents of injured newborns win the compensation they need to help their children recover.
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An Erb’s Palsy Attorney in Missouri Can Help Your Child Get the Treatment They Need
If too much pressure is put on your child’s neck and shoulder during labor, it can stretch and damage their nerves, resulting in Erb’s palsy. In addition to arm weakness and paralysis, untreated Erb’s palsy can lead to any of the following debilitating conditions:
- Bone issues
- Chronic pain
- Inability to move arm in a circular motion
- Poor fine motor skills
- Weakness and/or hypersensitivity in the affected arm
A skilled Erb’s palsy lawyer in Missouri can help you recover the funds you need to pay for your child’s treatment. They may need injections or even surgery, but the most common treatment is physical therapy performed at-home. Your attorney can also recover payment for lost wages so thst you can afford to take off from work while you’re caring for your child.
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An Attorney Can Help You Win Damages for Your Child’s Erb’s Palsy
Cost of treatment is just one of the many damages an Erb’s palsy attorney can win for you. Once your lawyer has proved beyond a shadow of a doubt that the obstetrician’s irresponsible actions were the sole cause of your child’s condition, they’ll be able to demand payment for the following losses:
- Pain and suffering
- Reduced quality of life
- Mental anguish
- Future medical expenses
- Reduced earning capacity
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Proving Liability in an Erb’s Palsy Claim
In order to win you the damages you need to help your child recover, a birth injury lawyer in Missouri will need to prove several things. The first being, that the physician in charge of your delivery failed to uphold the standard of care you were legally entitled to receive. Next, they’ll need to prove that their failure directly caused harm to your child.
Your attorney will need significant evidence to support these claims. They’ll gather physical documents and witness testimony to build a strong case for you. Here are some of the pieces of evidence your lawyer will need to collect to sway a court in your favor:
- Treatment bills
- Eye-witness accounts
- Documented medical precedents
- Medical records
- Medical tools used during your delivery
- Expert testimony
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An Erb’s Palsy Attorney Can Build a Claim for a Number of Delivery Accidents
There are several delivery mistakes that can cause Erb’s palsy in newborns. Your attorney will be familiar with all of them, and know how to construct a claim that shows how they negatively affected your child’s health. Some delivery room incidents a lawyer can build an Erb’s palsy claim for include:
- Shoulder dystocia
- Failure to use medical instruments properly
- Breech delivery error
- Cephalic delivery error
Your Erb’s Palsy Lawyer Can Protect You From Predatory Insurance Companies
When an obstetrician makes an error that results in an Erb’s palsy diagnosis, their insurance company will do everything they can to stop you from holding their client accountable for what they’ve done. Insurers will try to discredit your claim and offer you the lowest amount of compensation possible.
If you receive a settlement offer from an insurance company, make sure to have a lawyer look it over to make sure it’s enough to cover your losses. It’s common for insurance companies to ambush the parents of an Erb’s palsy victim with a low-ball settlement before they’ve had time to seek legal counsel.
A lawyer will be able to determine how much your claim is worth, and negotiate with insurers when they offer too little. If the offending party’s insurer refuses to pay you the amount you’re owed, your Erb’s palsy attorney can take them to court and demand they pay an appropriate amount for your treatment bills and other related losses.
Legal Deadline for Filing an Erb’s Palsy Claim in Missouri
If your child has sustained Erb’s palsy due to the negligent actions of an obstetrician or midwife, you’ll want to hire a lawyer and begin the process of filing a claim as soon as possible. That’s because there’s a deadline for filing an Erb’s palsy claim in Missouri.
According to Missouri Statute § 516.105, you have two years from the date of your child’s injury to file a claim for medical malpractice. If you are unable to file a claim within the statute of limitations, you won’t be able to collect compensation for the losses you and your family have incurred.
Fortunately, an Erb’s palsy attorney in Missouri will be closely familiar with the legal deadlines that apply to your case. They’ll make sure all your paperwork is filled out correctly and filed on time so that you have the best shot possible at recovering the payment you need to give your child a healthy and normal life.
Contact an Erb’s Palsy Lawyer in Missouri Today
You’ve got nothing to lose from contacting the team at Birth Injury Law Group. That’s because our Erb’s palsy attorneys in Missouri work for a contingency-fee agreement. That means they’ll litigate your claim for a portion of your final settlement. You won’t have to pay any out-of-pocket fees, even if your case is unsuccessful.
Call us or contact us online to receive a free case evaluation. Our attorneys are fully prepared to take on your case and fight for the compensation you need to give your child the best life possible. The clock is ticking on your case, so make the smart decision and get in touch with a skilled attorney as soon as possible.
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