While most women give birth in hospitals filled with medical professionals, an infant’s birth injury can occur during labor or delivery. Medical error and negligence are often the risk factors of Erb’s palsy and your child may either recover fully or suffer lifelong physical and mental limitations. If your infant was diagnosed with Erb’s palsy, and you presume medical malpractice as the cause, Tennessee law allows you to pursue compensation from the negligent party.
At Birth Injury Lawyer Group we can help you navigate the legal process, hold the liable party accountable, and receive maximum compensation. In addition, an Erb’s palsy lawyer in Tennessee can help ensure your child gets justice while you recover damages caused by the healthcare provider.
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Can Medical Malpractice Cause Erb’s Palsy?
Most Erb’s palsy injury cases in children result from childbirth injuries that may occur before, during, or after delivery. If your child was born in a healthcare facility and developed Erb’s palsy, negligent conduct from medical professionals likely led to the condition. Some common forms of medical negligence that might entitle you to compensation include:
- Failure to establish that the child is too big to be delivered naturally through the birth canal.
- Failure to position the child properly to facilitate vaginal delivery.
- Improperly estimating the due date and likely not to prepare for a large infant.
- Failure to execute a cesarean section when required.
- Negligence in addressing a damaged shoulder during childbirth.
In Tennessee, medical malpractice refers to a healthcare provider’s actions or inactions that lead to injuries or death of a patient. This means that medical professionals are responsible for safe delivery and understanding any risk factors that require specialized birthing plans and procedures. If the healthcare provider and hospital staff fail to meet the required standard of care and the child develops Erb’s palsy, the hospital might be accountable for damages.
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Elements of an Erb’s Palsy Claim in Tennessee
If your child was diagnosed with Erb’s palsy and you suspect a healthcare provider caused it, a Tennessee Erb’s palsy lawyer can represent your child and seek justice. Working with an experienced lawyer can help show that:
- The healthcare provider owed a duty of care to your child.
- The healthcare provider failed to offer coherent services with the existing medical standards of care for the set situations.
- The healthcare provider’s failure caused the injury.
- Your child’s injury led to financial losses to the infant and the family.
These elements are subject to certain limitations that might prevent the injured infant from receiving full compensation and getting justice. Working with our Erb’s palsy attorney in Tennessee can help you prove each element and hold the responsible party liable.
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Holding a Negligent Medical Provider Liable for Erb’s Palsy
Filing a lawsuit for Erb’s palsy in Tennessee can enable your child to get justice and recover a settlement to cover losses caused by the doctor’s negligence. However, proving that a particular healthcare provider was responsible for your child’s injury can be difficult, especially when several doctors are involved. This is because you need substantial evidence, including medical records, several witnesses, and expert statements, to ascertain your birth injury claim and recover damages.
Working with a Tennessee Erb’s palsy attorney at Birth Injury Lawyers Group can ensure you gather the necessary evidence and hold the negligent doctor liable for your child’s injuries. Our legal team can assess all the evidence available and may be able to determine if the healthcare provider was accountable.
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Evidence Needed to Demonstrate Negligence in a Tennessee Erb’s Palsy Claim
Tennessee is a fault state, meaning a victim injured due to someone else’s negligent act may be eligible to recover damages. If a doctor acted negligently, resulting in your child’s injury during delivery, your lawyer must prove that excessive force was used, specifically around the child’s arm and shoulder. The evidence must show the healthcare provider failed to adhere to the standard of care another doctor would use under similar circumstances.
In addition, witness statements can prove the doctor acted irresponsibly unless they admit fault. A Tennessee Erb’s palsy can help collect relevant evidence to prove your claim and hold the responsible party accountable.
Recoverable Damages in Tennessee Erb’s Palsy Lawsuits
Since you might be eligible for compensation after a childbirth injury resulting in Erb’s palsy, monetary damages can be awarded to the family. Damages can cover various losses related to the newborn’s injury. Some damages you may cover include:
- Past, current, and future medical expenses, including corrective surgeries, hydrotherapy, and medical equipment
- Pain and suffering
- Future earning losses
- Home adaptations
- Mobility equipment
A Tennessee Erb’s palsy lawyer can help you recover the maximum compensation to cover all damages related to the injury. In addition, our legal team can negotiate with the defendant and insurance company by proving negligence and holding the healthcare provider liable. This can ensure your infant gets justice and access to the benefits they deserve.
How a Tennessee Erb’s Palsy Lawyer Can Help
Pursuing compensation without a passionate legal team can be difficult and reduce your chances of receiving fair payment. A Tennessee Erb’s palsy lawyer can meet all your legal needs and ensure you receive the full amount from your Erb’s palsy negligence claim. Typically, an experienced Tennessee Erb’s palsy lawyer can help you:
- Gather relevant evidence and scrutinize medical records to determine negligence
- Estimate the value of your claim, and whether it is eligible for compensation
- Negotiate with adjusters and insurance companies for a reasonable amount
- Represent your best interests and advise of your legal options
- Fight for the rights of your child and the family
- Fight for the full and maximum compensation
- If need be, take your case to trial
Contact a Tennessee Erb’s Palsy Lawyer Today
If your newborn was diagnosed with Erb’s palsy in Tennessee, you might be able to recover damages for all your losses. At Birth Injury Lawyers Group, we can help you navigate the legal process and recover compensation for the damage the injury has caused. Contact us 24/7 and schedule a free legal consultation with our Erb’s Palsy lawyer today.