Delivering a child requires focus and precision from medical professionals. We trust obstetricians and midwives to exhibit a certain standard of care during childbirth. Sadly, their actions don’t always live up to what is required of them. As a result, newborns can sustain nerve damage that, if left untreated, could leave them permanently disabled.
If your child is suffering from injuries caused by the negligence of a delivery room physician, an Erb’s palsy lawyer in Montana can help you. At Birth Injury Lawyers Group, we believe all families unjustly affected by Erb’s palsy deserve to receive compensation. Our lawyers will work hard to win you the settlement you need to cover your child’s treatment.
For a free legal consultation with Montana Erb’s Palsy lawyer, call 1-800-222-9529
Treating Erb’s Palsy in Infants
Mistakes made during delivery can put excessive stress on the nerves in your child’s neck and shoulder. That stress can stretch and tear nerves and result in arm weakness, loss of sensitivity, and even paralysis. Untreated Erb’s palsy can cause your child to experience the following symptoms later in life:
- Inability to move arm in a circular motion
- Bone issues
- Weakness and/or hypersensitivity in the affected arm
- Chronic pain
- Poor fine motor skills
Although the most common treatment method is daily physical therapy facilitated by the parent, children with Erb’s palsy may also require diagnostic screening, injections, and surgery. A birth injury attorney can secure compensation that will cover treatment costs and afford your child the quality of life they deserve.
Montana Erb’s Palsy Lawyer Near Me 1-800-222-9529
Damages an Erb’s Palsy Attorney in Montana Can Win for Your Family
If your child has received an Erb’s palsy diagnosis as a result of medical negligence, you’re entitled to receive a number of damages. If an Erb’s palsy lawyer in Montana can prove that your child’s condition was directly caused by the irresponsible actions of a healthcare professional, they’ll be able to secure you compensation for:
- Medical expenses
- Costs related to disability
- Lost wages from taking care of your child
- Pain and suffering
- Reduced quality of life
- Mental anguish
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Medical Malpractice Insurance for Erb’s Palsy Cases in Montana
Doctors in Montana aren’t legally required to carry medical malpractice insurance. However, if the physician who delivered your child is uninsured, you can still sue them for medical malpractice. Although most Erb’s palsy payouts come from insurance companies, your lawyer can demand that your doctor draw on personal assets to cover your expenses.
If your doctor is unable to pay, your attorney can pursue other paths to compensation. For example, if there was another medical professional in the delivery room who behaved irresponsibly, your lawyer can file a claim against them. They can also hold the hospital liable and request to have their medical malpractice policy provide payment for your losses.
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Other Parties That Can Be Held Liable for Erb’s Palsy Damages
There are a number of parties that can be held liable for your losses. An experienced Erb’s palsy attorney in Montana will be able to determine who you’re entitled to file a claim against. Entities that can be sued in a medical malpractice claim include:
- Doctors (obstetrician, pediatrician)
- Physician’s assistants
- Nurse practitioners
- Pharmaceutical manufacturer
- Medical equipment manufacturers
Montana Laws for Filing Erb’s Palsy Claims
If your child has been diagnosed with Erb’s palsy and you want to file a malpractice claim, you’ll have to do it within the statute of limitations. According to Montana Code § 27-2-205, you have three years from the date of injury or from the date that you noticed the injury to file. If you fail to file within the legal timeframe, you won’t be able to receive compensation.
The sooner you speak with a local birth injury lawyer, the sooner you’ll be able to receive the payment you need to pay for your child’s medical expenses, and support yourself while you’re at home rehabilitating your newborn. Our lawyers will build a solid claim for you, and will make sure all the necessary paperwork is filed before the relevant legal deadline.
Our Attorneys in Montana Work for a Contingency-Fee
Your financial status shouldn’t dictate whether or not you file a claim against your midwife or physician. Our attorneys believe everyone affected by medical negligence should be able to pursue compensation for their losses, which is why the majority of them work for a contingency-fee.
Contingency-fee refers to an agreement between you and your lawyer that guarantees them a portion of your compensation, if they win your case. If your claim is unsuccessful, you won’t be responsible for any out-of-pocket legal fees. If you’re strapped for cash, make sure your lawyer is open to a contingency-fee arrangement.
An Erb’s Palsy Attorney in Montana Can Hold the Guilty Party Liable
In order to get you the compensation you need to help your child recover, your Montana Erb’s palsy lawyer will have to prove that the medical professional’s negligence was the sole cause of your child’s affliction. They’ll take the following steps to show that your physician acted irresponsibly, and that their actions resulted in significant physical and financial losses:
- Collect medical records
- Interview eye-witnesses
- Call on medical experts
- Gather treatment bills
- Refer to precedents in relevant medical articles
Once your lawyer has collected the necessary evidence and testimonies, they’ll be able to build a strong medical malpractice case against the offending physician. At this point, you might expect to receive a settlement from the medical professional’s insurance company. Your lawyer can review any offers you receive and determine if they’re sufficient.
Get a Free Case Evaluation From an Erb’s Palsy Lawyer in Montana
If your child has been injured by an irresponsible medical professional, getting them the treatment they need is of utmost importance. An Erb’s palsy attorney in Montana can investigate your case, build your claim, and demand that the guilty party offer the compensation you need to help your child recover.
Call or contact us online to get a free case evaluation. The attorneys of Birth Injury Lawyers Group are highly qualified to litigate your claim, and will work tirelessly to hold the at-fault physician liable for your losses.