Obstetricians and midwives need to exhibit a high level of care, finesse, and attention to detail when delivering a child. Failure to do so can cause damage to the nerves in a newborn’s shoulder, which can result in the disability known as Erb’s palsy. If left untreated, Erb’s palsy can lead to poor fine motor skills, limited range of motion, and even paralysis of the arm.
Getting your child the treatment they need as soon as possible is the best way to prevent negative health outcomes. An Erb’s palsy lawyer in North Dakota can help you win compensation to cover treatment expenses and other related costs. The attorneys of Birth Injury Law Group are highly qualified, and will be able to bring the guilty party to justice.
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Seek Treatment for Your Child’s Erb’s Palsy As Soon as Possible
Delaying treatment for your child’s disorder will only increase the likelihood that they experience debilitating symptoms later in life. If you’re concerned about the cost of treatment, you’ll be glad to hear that an Erb’s palsy attorney in North Dakota can help you get compensation for any medical bills you incur.
It’s also important to note that the majority of Erb’s palsy cases can be resolved with simple physical therapy exercises that you can perform at home. You may need to pay for diagnostic screening or injections, but if you choose to administer the physical therapy yourself, you can significantly reduce treatment costs.
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An Erb’s Palsy Attorney Can Win You the Damages You Need to Help Your Child
Taking off from work to tend to your child’s injury can be difficult. Some children take months to recover from Erb’s palsy, which means you might have to miss out on a significant amount of income. However, an attorney can request that the defendant pay you damages for lost wages.
Those damages will help you support your family while you take time off from work to help your child recover. In addition to lost income, there are a number of other damages you may be eligible for. A skilled Erb’s palsy lawyer will determine which of the following damages you’re entitled to receive:
- Past, present, and future medical costs
- Pain and suffering
- Child’s loss of opportunities
- Emotional trauma
- Lost wages
- Therapy and other treatments
- Cost of medical devices
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An Erb’s Palsy Lawyer Can Hold Your Obstetrician Liable for Their Negligence
In order to secure the payment you need to treat your child’s Erb’s palsy, your attorney will need to prove that your physician acted negligently. This will require evidence that shows your obstetrician failed to provide a certain level of care, and that their failure directly resulted in your child’s injury.
Your Erb’s palsy attorney in North Dakota will collect physical evidence and witness testimonies to prove to a jury that your physician acted irresponsibly. Your lawyer may also call on medical experts to offer their opinion on the case. Their testimony will add credibility to your claim, and potentially convince a jury that your obstetrician is at fault.
Your attorney will gather the following pieces of evidence to convince the court that you deserve compensation:
- Medical records
- Treatment bills
- Medical expert testimony
- Eye-witness accounts (nurses or family members present during delivery)
- Medical tools used during your delivery
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We Can Demand Compensation for a Variety of Accidents That Cause Erb’s Palsy
There are several ways a hospital physician or midwife can cause your child to sustain Erb’s palsy. Two common accidents are pulling too hard on the child’s feet during a breech delivery, and pulling too hard on their shoulders during a cephalic delivery. Both can damage your newborn’s brachial plexus nerves and cause Erb’s palsy.
Erb’s palsy can also be caused by improper use of forceps or vacuum extractors. If your baby’s shoulder becomes stuck in the birth canal, also known as shoulder dystocia, the obstetrician can trigger Erb’s palsy by pulling too hard to dislodge your child.
An experienced attorney will be familiar with all the common causes of Erb’s palsy. They’ll be able to file a claim for you regardless of how your child was injured. All you have to do is make sure you contact a lawyer as soon as possible, as there are legal deadlines for filing a medical malpractice claim in North Dakota.
Legal Deadline for Filing an Erb’s Palsy Claim in North Dakota
Contacting legal counsel shortly after you discover your child’s Erb’s palsy injury will allow you plenty of time to file your medical malpractice claim within the statute of limitations. In North Dakota, victims of medical negligence have two years from the date of their injury to file a claim.
Failure to submit your claim before the legal deadline will make it very difficult, if not impossible, for you to recover compensation for your losses. Fortunately, an Erb’s palsy attorney can make sure your claim is filed well within the statute of limitations outlined in North Dakota Century Code § 28-01-18.
Reach Out to an Erb’s Palsy Lawyer in North Dakota Today
You and your child deserve to be compensated for the negligence you’ve experienced. The attorneys at Birth Injury Law Group are willing to represent you for a contingency-fee. That means your lawyer will take a portion of your settlement in exchange for their services. You won’t be responsible for out-of-pocket fees, even if we lose your case.
Call us or fill out a contact form on our website to schedule an appointment with an Erb’s palsy attorney in North Dakota. We’ll provide a free evaluation of your case, and get the balling rolling on your claim right away!
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