Any instance of Erb’s palsy is difficult for parents. Treatment often means physical therapy and possibly even surgery. On top of the normal expenses of taking care of a baby, paying for their treatment can be a financial burden. There’s a chance you could get compensation for your child’s condition with the help of Rhode Island Erb’s palsy lawyers.
Learn how malpractice could be the cause of your infant’s condition and how an attorney can help. When you’re ready to talk to someone about your case, you can get a free initial consultation with a member of our group.
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Causes of Erb’s Palsy
Erb’s palsy doesn’t just happen on its own. It’s usually linked to a phenomenon called “shoulder dystocia,” which occurs when a baby’s shoulder becomes lodged in the birth canal. This causes a brachial plexus injury, stretching and tearing the nerves that connect the arm, neck, and spine.
While it’s a relatively rare occurrence, shoulder dystocia can occur due to any number of reasons. Common causes of shoulder dystocia include:
- Your child being too large
- Your child being in the wrong position to exit the birth canal
- Your pelvic opening being too small
- Being in the wrong position to facilitate a smooth birth
- Excessive force when removing the child from the birth canal
If you notice any stiffness or weakness in your child’s arm or shoulder, you should see a doctor as soon as possible. Erb’s palsy often goes away with time, but your child will likely need some kind of treatment or physical therapy to recover fully.
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Is Erb’s Palsy Linked to Medical Malpractice?
Yes, Erb’s palsy is often linked to medical malpractice. Negligent doctors or nurses can sometimes be responsible for the birth injuries that lead to Erb’s palsy. To count as malpractice, the following must be true:
- Your caregiver owed you a duty of care. This is true for most medical professionals—the duty of care is the responsibility to treat others to a reasonable standard.
- Your caregiver breached the duty of care, either on purpose or through negligence.
- Your caregiver’s breach of duty caused your child’s birth injury, and by doing so caused your economic and non-economic damages.
Medical malpractice isn’t always the root cause of your child’s Erb’s palsy. Sometimes, accidents just happen. However, there are some circumstances in which a doctor or nurse’s negligent action might cause a tragic birth injury.
Common instances of medical malpractice include:
- Misuse of medical instruments like forceps or vacuum tubes
- Failure to call for a necessary C-section
- Failure to diagnose shoulder dystocia or the conditions that lead to it
- Removing the child from the birth canal too forcefully
When you have an Erb’s palsy attorney in Rhode Island working on your case, they can investigate the incident and find out who was responsible for your child’s birth injury. Whatever party is responsible will be liable for your damages.
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Can You Sue for Brachial Plexus Injury?
Yes, you can sue for a brachial plexus injury as long as medical malpractice was to blame. Most of the time, the caregiver who caused the injury answers to the hospital that they work at, and the hospital is responsible for making sure its staff is well-trained and capable. That means the hospital is usually liable for your damages.
That being said, most birth injury cases don’t make it to the lawsuit stage. Instead, they’re usually settled out of court so that the hospital and their insurance company won’t have to pay for an expensive legal proceeding. A birth injury lawyer will ideally be able to negotiate with the other party and reach a settlement to pay for your damages.
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How Rhode Island Erb’s Palsy Attorneys Can Help
Lawyers don’t just argue in court. In fact, most of their job is done out of the courtroom. When a Rhode Island Erb’s palsy attorney is working on your case, they’ll handle it from the moment you get in touch with them all the way through to the moment you get your settlement check.
Things that your attorney will do to help include:
- Investigating your case and finding the party responsible
- Gathering evidence that supports your claim
- Calculating the full scope of the damages that you’re owed
- Negotiating with the hospital and the insurance company
- Representing you in court in the rare event that the insurance company refuses to settle
We believe that every case is unique, and the needs of every family mean we tailor our services to the birth injury victims we’re serving. Because of that, what your lawyer does for you may look different from what they do for someone else. That also means that your lawyer’s fees may be different from other Erb’s palsy attorneys.
Our lawyers take contingency fees, which means you never have to pay up front for our services. Instead, your attorney’s payment will come out of a portion of your settlement. To find out how much your fees may be, you can get a free initial consultation with a lawyer.
Talk to an Erb’s Palsy Attorney in Rhode Island Today
Even though Erb’s palsy is treatable and goes away with time, your child’s birth injury is still serious. If a negligent doctor, nurse, or other caregiver was responsible, even unintentionally, you shouldn’t have to pay extra for their mistake.
A Rhode Island Erb’s palsy lawyer from Birth Injury Law Group can help you recover compensation. To learn how much you may be able to get, call us or contact us online for a FREE initial consultation.