Erb’s palsy is a paralysis caused by injury to the brachial plexus that houses many vital nerves, but it often heals over a child’s first year of life. However, there can be long-term effects that put a child at a disadvantage in years to come.
Often, Erb’s palsy occurs as the result of medical malpractice or mistakes made by hospital staff during the birthing process. If your child has suffered Erb’s palsy and you believe that the injury was caused by the actions or negligence of caregivers, you may be entitled to seek compensation.
Erb’s palsy attorneys in North Carolina help families get justice for the wrongs their babies have suffered as well as compensation to assist with any medical treatments the child needs.
For a free legal consultation with North Carolina Erb's Palsy lawyer, call 1-800-222-9529
Suing for Compensation in a North Carolina Erb’s Palsy Case
North Carolina has strict laws that govern how and when a person can sue for damages resulting from medical malpractice, such as a lawsuit to seek compensation for your child’s Erb’s palsy.
According to North Carolina General Statutes § 90-21.12, the case hinges on the concept of a breach of the standard of care. Essentially, you and your NC Erb’s palsy lawyer must show the following items to be true in your case:
- The medical staff did not act in accordance with the nationally-accepted standard of care for medical caregivers
- This breach of the standard of care directly caused your child’s injury and subsequent Erb’s palsy diagnosis
- You and your child have suffered compensable damages due to this injury
“Compensable damages” includes both economic harms and more subjective harms. For example, you could be able to receive compensation for the cost of your baby’s medical care both now and in the future, accessibility equipment that your child needs, your child’s pain and suffering, and additional damages.
The Burden of Proof in NC Erb’s Palsy Claims
Unlike criminal proceedings, lawsuits involving medical malpractice in North Carolina use a burden of proof known as the “greater weight of evidence” standard. While you do not have to prove beyond a reasonable doubt that medical staff erred, you must show that it is “more likely than not” that they committed malpractice.
This is typically done through the use of expert witness testimony. Expert witnesses are other doctors, nurses, and birth specialists who understand the medical community’s care standards and can provide a sworn statement that the medical staff in your child’s case strayed from that accepted norm.
Evidence Needed in North Carolina Erb’s Palsy Claims
Erb’s palsy can result from various types of actions or negligence on the part of medical staff. Depending on the cause of your child’s injury, your NC Erb’s palsy attorney can collect and preserve evidence of these actions.
For example, Erb’s palsy can stem from causes like the following.
- Improper Use of Equipment. This typically occurs when healthcare providers use tools like forceps with too much force, injuring your baby’s brachial plexus.
- Pulling. Whether pulling on the feet during a breech birth or on the shoulder area during a head-first birth, too much force can also harm the baby’s brachial plexus.
- Shoulder Dystocia. In some cases, your baby’s head may become stuck in the birth canal. If medical staff are not careful when easing the baby out of this situation, they may injure your child.
It’s also possible that your doctor or healthcare provider missed important warning signs of issues that can cause Erb’s palsy. If they failed to properly assess your baby’s birth injury risk factors, that could also be seen as a form of medical negligence.
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North Carolina’s Statute of Limitations for Erb’s Palsy Cases
The statute of limitations is a deadline by which someone who has been injured must file a claim for compensation. If the deadline runs out before that person files a claim, they risk losing the right to seek compensation at all.
For Erb’s palsy, as well as other medical malpractice actions in North Carolina, the law sets this deadline at three years from the date of the injury. However, there are some exceptions to this rule. You may have more time or less, depending on the specific circumstances of your child’s injury.
The best option is to seek counsel from a skilled North Carolina attorney who has experience handling Erb’s palsy cases. At your initial consultation, they can go over the details of your claim and help you better understand the time limits you are dealing with.
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Get a FREE Consultation With North Carolina Erb’s Palsy Lawyers Today
At the Birth Injury Lawyers Group, we handle birth injury cases across the United States. Our attorneys have extensive experience with these kinds of claims, and some of us have experienced birth injuries in our personal lives.
We offer all potential clients a FREE consultation with no obligation to hire us so that you can see exactly how we can help you get justice for your family. Contact us today to schedule your appointment and start working toward the compensation your child deserves.
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