If your infant is was diagnosed with Erb’s palsy, the doctor or hospital that handled delivery care may be liable. This is because Erb’s palsy is sometimes caused by medical negligence during childbirth. Examples of this include excessive force being used on the infant during delivery, or medical staff failing to screen the mother for a difficult delivery and choosing a safer alternative.
Victims of medical negligence may be able to secure compensation by filing a medical malpractice lawsuit. An Abilene Erb’s Palsy lawyer the Birth Injury Lawyers Group may be able to manage your case and collect evidence of medical negligence on your behalf when we represent you.
To discuss your legal options and rights in your Erb’s palsy case, call the Birth Injury Lawyers Group at (800) 222-9529. We offer a free, no-obligation consultation to Abilene families. We may be able to handle your case on a contingency-fee basis.
For a free legal consultation with Abilene Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy May Cause Lifelong Limitations in Some Children
The type of brachial plexus injury that led to your child Erb’s palsy diagnosis is a significant factor in their recovery. The injuries can range from the brachial plexus nerves being stretched, torn, or completely separated.
A doctor will examine the severity of your child’s Erb’s palsy injuries and may suggest physical therapy, splinting, and surgery. While some children are able to make a full recovery with these treatments, others may experience symptoms of Erb’s palsy permanently.
Children who have continuing symptoms of Erb’s palsy may exhibit the following symptoms:
- Difficulty in moving or lack of movement in the affected shoulder and arm
- Weakness in the affected arm
- Decreased grip in the hand of the affected arm
- Characteristic way of holding the arm against the body with the arm bent at the elbow
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Pursuing Damages in an Abilene Erb’s Palsy Birth Injury Case
Texas requires that plaintiffs in medical malpractice cases navigate a specific procedure and provide certain evidence to prove that medical malpractice occurred in your case. Deviating from this procedure or not providing the proper evidence could cost you the right to hold the doctor or another liable party responsible for your child’s injuries.
An Abilene Erb’s Palsy lawyer from the Birth Injury Lawyers Group who may be able to manage your case on your behalf. This could allow us to:
- Handle all communications, deadlines, and paperwork on your behalf
- Comply with all rule and regulations in your case
- Identify the liable party
- Gather evidence of their liability
- Hire a medical expert to testify in your defense
- Negotiate with the responsible party’s insurance company for a settlement
- Take the case to trial if they are not willing to make you a fair offer
To get help with possibly building a case against the doctor or hospital that delivered your child, reach out to the Birth Injury Lawyers Group now at (800) 222-9529. A consultation with a member of our team is free.
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Recoverable Damages in an Erb’s Palsy Case
As a part of building your Erb’s palsy birth injury case, an Abilene Erb’s Palsy lawyer the Birth Injury Lawyers Group can document the economic and non-economic damages your family endured and may continue to incur.
Economic damages may include your family’s actual current and future expenses and losses related to your child’s diagnosis and treatment, including:
- Medical treatment, including surgery and hospitalization
- Therapy costs
- Adaptive equipment, if needed
- Out-of-pocket losses and expenses
Non-economic damages include the pain and suffering your child endured and may continue to endure as a result of their injuries and the mental anguish that comes from living with a lifelong impairment.
Under Texas Civil Practice and Remedies Code § 74.301, there may be limits on how much a victim of medical malpractice can recover in non-economic damages.
The Birth Injury Lawyers Group can discuss how these limits may apply to your case, and what possible compensation may be available to you when you call us for a free consultation.
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Protect Your Rights by Meeting All Deadlines
As a part of helping you navigate the Texas medical malpractice process, your attorney can also identify the legal deadlines in your case.
Texas imposes a general statute of limitations in medical malpractice cases of two years, per Texas Civil Practice and Remedies Code § 74.251. However, this statute of limitations may be extended for minors under the age of 12 until their 14th birthday.
You may also be required to notify the physicians or hospitals you are suing at least 60 days before filing a medical malpractice lawsuit against them, per Texas Civil Practice and Remedies Code § 74.051. The Birth Injury Lawyers Group can manage this task when we represent you.
You Can Speak With Someone About Your Abilene Birth Injury Case for Free Today
You do not need to face a medical malpractice lawsuit for an Erb’s palsy birth injury alone. An Abilene Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to take your case, fight to hold the at-fault parties responsible, and recover a payout that could help you pay for your child’s treatment and related expenses.
For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529. We can help you understand your rights and the process necessary to hold the negligent doctor responsible for the malpractice they committed.
We handle medical malpractice cases on a contingency-fee basis with no advanced payments required. In this arrangement, you do not pay for our legal fees unless and until you recover compensation in a settlement offer or court awards.