When a child is born with Erb’s palsy, the cause is often a misuse of force during the birth process. Most cases of Erb’s palsy resolve within a year of the infant’s life, but some cases can have lifelong consequences. Regardless, you and your child deserve to get compensation for the harm they have suffered.
Depending on the details of your case, the hospital, doctor, or nursing staff could be responsible for providing you with compensation. At the Birth Injury Lawyers Group, our Oklahoma Erb’s palsy lawyers work closely with families to assist them with legal claims and help them get justice.
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When You Have an Erb’s Palsy Legal Claim in Oklahoma
The basis for any legal claim for compensation is an injury that results from negligence or malice. In the case of Erb’s palsy, the root cause of the injury is usually a medical provider who strays from the accepted standard of care. This can happen in a variety of ways.
- Providing less than acceptable care during delivery
- Misusing delivery assistance tools, such as forceps
- Pulling on the baby’s head or neck during delivery
- Use of excessive force when handling the baby
Erb’s palsy stems from an injury to the brachial plexus, which is a group of nerves located near the neck and shoulder area. When helping the baby through delivery, whether by grabbing the baby’s upper body and providing force or by using tools like forceps, a medical care provider can damage this area, causing partial or total paralysis and limited range of motion.
Elements Your Oklahoma Erb’s Palsy Lawyer Will Need to Prove
In order to have a successful claim for medical malpractice resulting in Erb’s palsy in Oklahoma, your attorney will need to show evidence of several distinct factors. These include the fact of your child’s injury, the act or negligence alleged, and the connection between the two.
In short, your case must show that:
- Your child developed Erb’s palsy,
- The physician or medical care provider breached the nationally accepted standard of care, and
- Your child’s injury was a direct result of that breach.
To do this, your Oklahoma Erb’s palsy lawyer can introduce a variety of evidence.
Evidence of Your Child’s Injury
Proving that your child has Erb’s palsy is relatively straightforward. Your attorney can use the baby’s medical records, testimony from doctors, diagnoses, and testimony from you, family members, and friends that show your child has difficulty with range of motion.
Evidence of Medical Negligence and Malpractice
This element is a bit more difficult to prove. It often requires expert witness testimony from medical care providers who specialize in childbirth. Their testimony must convince the jury that your medical care provider acted in breach of the nationally accepted standard of care and did not perform medical services in the way that other professionals would have performed them.
Evidence of Connection Between Injury and Negligence
The most difficult aspect to prove is that your child’s Erb’s palsy resulted from the provider’s breach of the standard of care. To this end, your attorney can introduce additional evidence like:
- Footage of the birth
- Testimony from expert witnesses
- Official opinions from other doctors and medical care providers
- Medical literature on the subject
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The Amount of Compensation Your Child Is Owed
An Oklahoma Erb’s palsy attorney can help you estimate the value of your claim for compensation. This calculation is based on the damages your child sustained as a result of the injury. In legal terms, damages include all the financial hardships faced (such as the cost of healthcare to treat the injury) as well as more subjective items like:
- Physical pain and suffering
- Mental anguish
- Hardships that will affect the child’s future (such as lost earning capacity)
These are difficult calculations to make, and often require the input of damages valuation experts. Oklahoma law firms that deal with Erb’s palsy cases have experience compiling a list of all your damages and evaluating how much your child is owed.
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Oklahoma Erb’s Palsy Lawyers Can File Your Case on Time
Another important aspect of your claim is the deadline by which you must file it. Called the statute of limitations, this deadline is set at two years in Oklahoma. However, that can be a bit misleading.
The law states that you have two years from the date of the injury OR the date by which you reasonably should have discovered the injury. Regardless, failing to file a claim on time can mean that you and your child are barred from seeking compensation.
As experienced legal counselors for Erb’s palsy and birth injury cases, our attorneys can help ensure that your case is filed within the appropriate deadline(s) and you preserve your right to seek the compensation your child deserves.
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Get a FREE Consultation With Oklahoma Erb’s Palsy Lawyers
Medical malpractice is a breach of public trust at a deep level. We’re supposed to trust our medical care providers, and injuries caused by their negligence can have devastating effects. If your child suffers from Erb’s palsy, one of our Oklahoma Erb’s palsy lawyers can help you recover compensation.
Contact us to schedule a free consultation today so that we can learn more about how we can help you seek justice. There’s no obligation to hire us, and we charge no fee unless and until we win your child the compensation they are owed.