The vast majority of Erb’s palsy injuries happen to babies in childbirth due to the trauma of the birthing process. It is a known risk and possibility during the birth of any child. This is not a genetic condition but rather an injury that can result directly from the actions of doctors and other healthcare professionals during delivery.
If your baby has suffered an Erb’s palsy injury, you may have a case for medical malpractice against the providers involved in the birth. Read on to learn how a Virginia Erb’s palsy lawyer at the Birth Injury Lawyers Group may be able to help you.
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The Risk of Erb’s Palsy During Childbirth
Certain actions taken by a doctor before and during the delivery of a baby can increase the chances that the baby will be injured. While any baby can suffer from a brachial plexus injury such as Erb’s palsy, there are certain factors that drastically increase the risk.
In many instances, the injury is caused by medical negligence, not by an unavoidable complication. Thus, doctors should be aware of the risk factors associated with Erb’s palsy injuries and take preventive actions when possible to avoid such a traumatic injury.
Risk factors associated with Erb’s palsy injuries include:
- The use of certain tools and devices during vaginal delivery
- The positioning of the baby prior to birth
- Prolonged labor
- A baby that is large and high in weight
- Gestational diabetes in the mother
- Any force that is used to pull or stretch the baby’s arm during delivery
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Can You Sue for Your Child’s Injuries During Birth?
If your baby’s Erb’s palsy was caused by medical negligence, you may be entitled to compensation for the harm done to you and your child. Filing a lawsuit is an option in this situation, but it is not always a necessity. With the help of an Erb’s palsy lawyer in Virginia who understands Erb’s palsy, you may be able to settle out of court for compensation from an insurance company or the party at fault.
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How Critical Is a Timely and Accurate Diagnosis of Erb’s Palsy?
If an Erb’s palsy injury happens during childbirth, it is critical that it is diagnosed as soon as possible. Studies have shown that 80% to 96% of babies who suffer an Erb’s palsy injury will eventually recover. Nearly 100% of injured babies who receive therapy and medical intervention in the first four weeks following birth will recover.
However, if a diagnosis is delayed or doctors take a wait-and-see approach to treatment, there is a much higher risk of permanent injury and disability. The more time that passes before the injury is addressed, the more likely it is that the child will face challenges throughout life. Medical negligence can be the cause of the injury itself, and it can also be to blame when a child does not fully recover because of delays in diagnosis or treatment.
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Types of Compensation Available After an Erb’s Palsy Injury
As the parent of a child with an Erb’s palsy injury, you are not just concerned for the immediate health of your baby—you are also likely overwhelmed by the uncertainties of the future. By making a claim for damages, you can seek financial compensation to ensure that your child gets the care they deserve. An attorney can work with your family to estimate the losses caused by the injury and negotiate the best possible medical malpractice settlement.
Damages in an Erb’s palsy case can include:
- Expenses and costs for medical care, now and in the future
- The loss of income of a parent who must care for the child due to the injury
- Pain and suffering due to the injury
A Virginia Erb’s Palsy Attorneys’ Role in Your Injury Case
Facing any medical malpractice claim is a challenge, but when that claim involves a birth injury, the stakes can feel much higher. The outcome of your case can determine the resources your child will have as they grow and manage the challenges of their injury. An Erb’s palsy attorney in Virginia can help you by keeping the interests of your family at the forefront of the case and taking the steps needed to protect your rights and fight for compensation.
There is no need to pay an upfront cost when hiring a lawyer for your case. Many medical malpractice attorneys, including the ones at the Birth Injury Lawyers Group, work on contingency and will only receive payment for their services if you are awarded compensation.
An Erb’s palsy attorney can help you with your case by:
- Determining who may be liable for the injuries to your baby
- Collecting evidence such as medical records, expert testimony, and witness statements
- Calculating the eligible losses due to the Erb’s palsy injury
- Filing a medical malpractice claim with the insurer
- Negotiating a settlement that considers your and your baby’s needs
- Initiating a lawsuit in court if settlement is not possible
What Is the Statute of Limitations for Erb’s Palsy Cases in Virginia?
In Virginia, there is a limit to the amount of time a plaintiff has to file a lawsuit in a personal injury case. When it comes to birth injuries, however, the time limit can vary depending on the party bringing forth the case and the damages sought. Although minors have a period of 10 years to file an action for birth injuries under the Code of Virginia, there are shorter time limits for losses to parents and damages arising from medical malpractice, so urgent legal action may be required.
It is best to contact a lawyer as soon as you become aware of your baby’s Erb’s palsy injury. Delaying a claim for damages can create a range of obstacles and complications for you and your family going forward.
Contact Birth Injury Lawyers Group for a Free Consultation
As soon as you suspect that your baby suffered an Erb’s palsy injury during childbirth in Virginia, contact us for a free case evaluation. Our Virginia Erb’s palsy lawyer can discuss what options are available to help you fight for justice on behalf of your child and seek compensation for the damages sustained.
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