Birth injury attorneys in Ohio can help parents seek compensation for children who suffer from Erb’s palsy due to medical negligence or malpractice. While the vast majority of Erb’s palsy cases resolve themselves within the child’s first year of life, the condition can have lasting effects.
If the actions of a doctor, nurse, hospital, or other medical caregiver resulted in trauma to your baby and the development of Erb’s palsy, your child should get compensation for the harm they have suffered. Speak with our Ohio Erb’s palsy lawyers for free today to learn more about how they can help you pursue justice.
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What Ohio Erb’s Palsy Attorneys Do
Navigating the legal system is difficult at the best of times. It can be much harder when you are grieving and caring for a newborn who was injured at birth. The attorneys at the Birth Injury Lawyers Group can help take the pressure off you in a variety of ways.
Identifying At-Fault Parties
There may be several different people or organizations who owe your child compensation, depending on the circumstances that led up to their injury. Erb’s palsy attorneys in Ohio can analyze the details of your claim and identify who you should sue for the damages your child suffered.
Examples of possible at-fault parties include:
- Doctors, nurses, and medical staff
- The hospital itself
- Medical device manufacturers
Filing Your Claim on Time
In Ohio, medical malpractice claims have a statute of limitations set at one year under Ohio Rev. Code § 2305.113. While there are some exceptions, you generally must file your claim and serve notice to the opposing party you intend to sue within a year of the event that injured your child.
One year is substantially shorter than the statute of limitations in other states, and it goes by much more quickly than you may expect. Failing to file your lawsuit within that period can mean that you lose the right to pursue compensation at all. Attorneys can assess your case and file your Erb’s palsy claim properly so that your child’s right to compensation is preserved.
Evidence in medical malpractice cases like Ohio Erb’s palsy lawsuits can be difficult to come by. The definition of malpractice relies on the notion of a “standard of care.”
In short, your attorney must show that your child’s injury resulted from the medical staff failing to provide the same level of care and attention that other medical professionals would have provided in the same situation.
You will also need to provide evidence of the damages your child and your family have suffered. Forms of evidence your lawyer might collect include:
- Medical records detailing the injury
- Any documentation of the incident, such as birth video footage
- Testimony from eyewitnesses
- Testimony from expert witnesses (other medical caregivers with experience handling the delivery process)
- Documentation of medical expenses associated with caring for your child
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Ohio Erb’s Palsy Attorneys Can Fight for Your Child’s Compensation
Almost all personal injury claims are settled long before they see the inside of a courtroom. The negotiation process involves much back-and-forth between the liable parties and your attorney. While opposing insurance companies and hospital representatives seek to lowball you and pay as little as possible, Ohio Erb’s palsy attorneys will advocate on behalf of your baby.
Proper compensation is important, as you are unable to seek additional compensation once you have accepted a settlement offer. That’s why it is crucial to work with experienced Erb’s palsy lawyers who can accurately catalog and valuate your child’s damages.
These damages include:
- Medical expenses associated with the injury
- The cost of any assistive devices your child will need
- Your child’s loss of quality of life
- Physical pain your child suffered
- Mental and emotional trauma
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Understanding When Erb’s Palsy Is the Result of Medical Malpractice
There are many types of birth injuries, and Erb’s palsy is known as a brachial plexus injury. While it is possible for a baby to suffer from Erb’s palsy due to natural processes, it’s often a sign of trauma due to medical malpractice.
Many cases of Erb’s palsy are the result of doctors or nurses pulling at the baby’s head or neck area too forcefully. This causes damage to the brachial plexus (a network of nerves near the neck), resulting in loss of movement and feeling in the arm.
These are a few common ways that Erb’s palsy can be caused by medical malpractice:
- Failing to properly deal with a breech birth
- Pulling at the baby’s head, shoulder, and neck area
- Improper use of birth assistance tools like forceps
- Use of broken or outdated birth assistance tools
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Discuss Your Child’s Case With an Ohio Erb’s Palsy Law Firm Today
At Birth Injury Lawyers Group, we are dedicated to helping the families of babies with birth injuries. If you believe that your child’s Erb’s palsy may have been caused by medical negligence or malpractice, we’d love to listen to you and learn how we can help.
Contact us today to schedule a FREE, no-obligation consultation with our Ohio Erb’s palsy lawyers. Time is limited, as you only have one year from your child’s birth to file your claim. Let us help you seek justice and get your child the compensation they are owed.