Erb’s palsy is the result of nerve damage at the time of birth. While not always the case, it is possible that a medical professional could bear responsibility for the infant’s nerve damage. Gratefully, most babies do completely recover over time, according to an article in the National Library of Medicine.
If it can be proven their actions during delivery led to the condition, a doctor or midwife could be held accountable. A Texas Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to help you receive appropriate compensation for your child’s injury.
For a free legal consultation with Texas Erb's Palsy lawyer, call 1-800-222-9529
Medical Professionals’ Duty of Care to Do No Harm
Your OB/GYN and delivery team have a duty of care to all their patients. That duty of care deems the medical staff should do everything possible for a healthy delivery of your baby. There are potential risk factors for Erb’s palsy and other forms of brachial plexus injury (BPI), which your physician and delivery team should have looked for and safeguarded against during delivery.
Some of those risk factors include those leading to shoulder dystocia in which one or both of your baby’s shoulders get stuck during vaginal delivery. The risk factors include:
- Large fetal size, possibly due to the mother’s diabetes.
- The mother has a small pelvis.
- The baby entered the birth canal in an abnormal position.
If any of these issues were present, the risk of Erb’s palsy could be compounded by using force to pull or stretch the baby’s arm(s) and/or neck during vaginal delivery, especially when using birthing tools such as forceps. This could be a case of medical negligence and malpractice.
Texas Erb's Palsy Lawyer Near Me 1-800-222-9529
How an Erb’s Palsy Lawyer in Texas Can Help You and Your Family
Your baby’s condition has been painful. It has also been an emotional time for you and your family. An Erb’s palsy attorney in Texas can help guide you through the legalities of the situation and how you can proceed.
The legal team at Birth Injury Lawyers Group can review your case and help you understand your legal options. From there we can:
- Investigate the circumstances around your child’s Erb’s palsy.
- Determine who is responsible for your baby’s disability.
- Document how Erb’s palsy has affected the baby and your family.
- Determine appropriate compensation for economic and non-economic damages to your baby and you.
- Build a strong legal case.
- File a legal claim or lawsuit on your behalf within Texas guidelines.
- Represent you and your family in dealing with those responsible.
While nothing can undo the harm to your baby, obtaining proper compensation will allow for the expert care your baby needs and some financial stability through this challenging time.
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How an Experienced Erb’s Palsy Attorney in Texas Can Build a Successful Case
Once you hire a lawyer, they can get to work gathering medical documentation for your case. Pertaining to you and your baby, they may want to explore:
- Birth and delivery records.
- Prenatal care.
- Postnatal records.
- Imaging studies and reports.
But the research may not stop there. Your attorney may also want to review:
- Personnel records of those involved in your child’s birth.
- Hospital policies and procedures.
- Contact records as to when a specialist was called into the case and when they arrived, if pertinent.
- Medical records determining the care needed to move forward in correcting your baby’s Erb’s palsy.
Your attorney may want to locate and discuss information with expert witnesses who, if a court trial becomes necessary, may be asked to testify.
Is There a Time Limit to File an Erb’s Palsy Legal Claim?
Texas has a two-year statute of limitations for medical malpractice claims. There are exceptions with which an experienced Erb’s palsy attorney should be familiar. One such exception involves minor children who have the right to sue up until they reach the age of 14, if their injuries were sustained at birth or up until the age of 12.
Contacting a lawyer as soon as possible can work to your advantage allowing them time to properly prepare your case within the state’s deadlines.
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What Compensation Can You Hope to Receive by Filing a Legal Claim?
If your baby’s condition was a result of delivery problems through negligence or improper treatment by your doctor and/or the rest of the medical team, some compensation for damages can be pretty straightforward. These are economic damages. Examples include:
- Medical bills for ongoing treatment for your baby including physical therapy for Erb’s palsy.
- Other out-of-pocket expenses related to treatment.
- Lost earnings for either the mother or father having to take time off from work to take the baby to medical appointments.
- Expenses for hiring a baby nurse to look after the baby.
You May Also Receive Compensation for Non-Economic Damages
Some issues do not come with a specific bill or price tag but are worthy of compensation for the medical negligence that you and your baby may have experienced. Your baby has, no doubt, experienced pain and suffering and may have a permanent disability. The incident has also taken an emotional toll on you and your family.
Your attorney can refer to prior cases and experts in the field to help determine the proper compensation for you and your baby for such intangible factors.
Choosing a Texas Erb’s Palsy Attorney for Your Family
Medical malpractice cases are never easy. You should seek an attorney with a proven history in birth injury cases and who has specific experience with Erb’s palsy cases. Their expertise and previous experience may play a crucial role in the litigation of your case.
The attorneys working with the Birth Injury Lawyers Group have such experience. We have birth injury lawyers familiar with Erb’s palsy cases, who are also familiar with Texas regulations and its statute of limitations. Contact us today and set up a free initial consultation with a member of our team.
Find Erb's Palsy Lawyers in Texas
- Abilene Erb's Palsy Lawyer
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