Erb’s palsy is a preventable condition. Medical professionals who are diligent throughout the birthing process can prevent paralysis and other symptoms of Erb’s palsy. It’s oversight and deliberate negligence that can cause lifelong pain for parents and their children.
Children with Erb’s palsy have a right to as pain-free a life as possible. That’s why Oregon allows parents and guardians to pursue legal action on their child’s behalf. You can work with Oregon birth injury attorneys to bring a medical malpractice claim to court. This claim can help you fight for the financial support your child needs to live a happy, healthy life.
Representing a Child in Court
Parents retain the right to represent their children in court so long as they are appointed the child’s guardian ad litem. Parents must file a petition to take on this role. If awarded the position, the parent or applicable guardian will supervise any legal case involving the child as it progresses.
In claims involving a child’s injury, including Erb’s palsy claims, the term “plaintiff” will refer to the party elected the child’s guardian ad litem. If you wish to serve in this role, you can work with an attorney to find the paperwork needed to file your initial petition.
You may not pursue a lawsuit on your child’s behalf until you’ve become the child’s guardian ad litem. If you suffered an injury while giving birth, however, you may be able to file a medical malpractice claim on your own behalf.
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Erb’s Palsy and Settlement Offers
Hospitals that recognize the symptoms of Erb’s palsy early may attempt to prevent your lawsuit by making a settlement offer. These offers can both keep your case out of court and provide you with the financial support you need to treat your child’s condition.
If you haven’t had the time to calculate your possible compensation, though, wait to accept a settlement offer. You can take an offer to Erb’s palsy attorney in Oregon and discuss how it compares against the full extent of your losses. If it appears that a hospital is undercutting your losses, we can negotiate for a larger settlement on your behalf.
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Taking an Erb’s Palsy Case to Court
Parents who aren’t satisfied with a settlement offer can continue to pursue legal action against an allegedly liable party. To start this process, you and an attorney can file a medical malpractice complaint with a county clerk.
Medical malpractice complaints elaborate on the circumstances you and your child suffered at the hands of another party. You’ll need to identify that party as well as the value of the losses you endured in your initial paperwork. A court can then consider your losses and determine whether or not to carry your Erb’s palsy case forward to trial.
Note that you will also need to file a complaint if you want to pursue negotiations on your own terms. You cannot summon a liable party to negotiations without first receiving approval from an Oregon court. Talk to an attorney to learn more about what legal rights to which a complaint may entitle you.
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Establishing Liability in a Medical Malpractice Lawsuit
Erb’s palsy’s most common cause roots itself in negligence. Medical professionals who aren’t able to provide a person the care they need during the birthing process can do long-term harm to both a parent and their child.
However, you can’t hold that individual legally liable for your child’s condition. Instead, any Erb’s palsy complaint you want to file should be issued against a medical institution. The specific party who may be liable for your losses can rely on their workplace’s legal team to represent them in court.
In turn, you can negotiate with a hospital or similar entity to discuss your financial support. To do this, make sure you discuss duty of care and its applicable evidence with Erb’s palsy attorneys in Oregon.
Comparative Liability in Medical Malpractice Suits Involving a Parent
Liable parties that don’t want to be held responsible for their behavior may attempt to argue that you contributed to your child’s birth injuries. However, Oregon awards new parents a form of legal immunity. This immunity is limited, but it does protect parents from the kind of legal backlash that might prevent them from getting the financial support they deserve.
Parents cannot be recognized as liable for a child’s birth injuries unless a court determines that they engaged in gross negligence or palpably unreasonable behavior. As such, hospitals and other parties cannot respond to Erb’s palsy claims with accusations of comparative liability unless they can prove this kind of behavior.
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Qualifying for Compensation in an Erb’s Palsy Case
The compensation you and your child qualify for in the light of an Erb’s palsy diagnosis changes depending on the extent of your child’s condition. The more severe your child’s injury is, the more financial support a hospital may be required to provide you.
The compensation you can fight for doesn’t solely depend on your physical losses, though. You can also request financial support based on your emotional damages. This includes pain and suffering as well as PTSD.
Make sure to consider both your losses and your child’s losses when establishing your estimated compensation. You and your attorney can reference legal precedent throughout Oregon to assign an accurate dollar value to your collective damages.
You Have Two Years to File an Erb’s Palsy Lawsuit
As a parent, you have the right to represent your child’s best interests in court. If you want to pursue an Erb’s palsy case, though, you must do so within Oregon’s statute of limitations. The state outlines this statute in Oregon Revised Statutes § 12.110. Herein, you’ll have two years to bring your case before an Oregon civil court.
This deadline starts on the same day that your child suffers from their injury. Oregon does allow you some flexibility on your deadline, though. If you can argue that you wouldn’t have reasonably discovered your child’s injury within that two-year period, you may be able to submit your claim up to five years after the injury occurs.
If you’re not sure what kind of deadline you can operate on based on your child’s condition, call on our team. An Oregon Erb’s palsy attorney can assess your circumstances and argue for your deadline extensions.
Address Your Child’s Erb’s Palsy With Our Team
Erb’s palsy puts the long-term health and wellbeing of your child at risk. Because this condition can often be explicitly attributed to medical malpractice, though, you may have the right to pursue legal action against the party you deem responsible for your losses.
Instead of filing an Erb’s palsy case on your own, contact our team. Our Erb’s palsy lawyers in Oregon can help you meet your legal deadlines. After an initial case evaluation, we can determine whether to carry your case to court or open the door for settlement negotiations. Call or contact us online to learn more today.
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