Children enduring Erb’s palsy have had to contend with the consequences of medical malpractice since birth. It seems tremendously unfair to thrust paralysis, nerve damage, and muscle weakness onto a child at such a young age.
Fortunately, as a parent, you have the means to take legal action on your child’s behalf following a birth injury. Our Erb’s palsy lawyers in Wisconsin are prepared to help you draft a complaint addressing the negligence of liable medical professionals.
The moment you think your child may display symptoms of Erb’s palsy, you can contact the Birth Injury Lawyers Group. We can sit down with you and discuss what steps you can take to hold a medical institution accountable for its negligence.
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Interacting With Erb’s Palsy as a Parent
Erb’s palsy, as a condition, can severely limit a child’s mobility from the shoulder down. The process of inappropriately removing a child from a parent’s womb can see that child endure nerve damage, dislocated joints, and lifelong muscle weakness.
As a parent, you want to do everything in your power to make your child’s life easier after an Erb’s palsy diagnosis. This can mean investing in physical therapy and experimental medical procedures. It can also mean pursuing a civil claim addressing the negligence that resulted in your child’s injury in the first place.
To take legal action on behalf of a child with Erb’s palsy, make sure that you are your child’s guardian ad litem. You must file a petition to assume this position. Note, too, that while you may advocate for compensation on your child’s behalf, your access to that compensation may be limited by state policy.
An Erb’s Palsy Diagnosis Can Indicate Medical Malpractice
The conditions that most often result in a child’s development of Erb’s palsy often resemble medical malpractice. However, you can pursue compensation on a child’s behalf whether your case can be classified as medical malpractice or medical negligence. These two areas share some significant overlap in the eyes of a civil court.
However, both classifications require you to submit evidence indicating that a medical professional – and subsequently their institution – engaged in inappropriate behavior when it came to the care and keeping of your child. This array of evidence can include medical records, third-party opinions on your child’s health, and video footage of mistreatment.
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Acting Quickly After an Erb’s Palsy Diagnosis
In most circumstances, Wisconsin Legislature § 893.54 limits your ability to file a personal injury complaint. When the injured party in question is a child, however, the state can be more lenient. As a parent, you have until your child turns 18 to file an Erb’s palsy lawsuit on their behalf.
Your child can then take legal action into their own hands. Children in Wisconsin have until they turn 21 to act on losses endured due to medical malpractice. While you can still work with your child to build their lawsuit after they turn 18, an Erb’s palsy lawyer in Wisconsin can help your child represent their own best interests before a court of law.
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How to Take an Erb’s Palsy Case to Court in Wisconsin
If you want to pursue legal action in the wake of your child’s Erb’s palsy diagnosis, you need to file a civil complaint with your local county clerk. Your complaint should specifically detail the identity of the party you believe to have committed medical malpractice. You can also use your complaint to elaborate on what evidence you have of that negligence.
So long as you submit all the paperwork related to your Erb’s palsy case, a county clerk can consider moving it forward. Only upon the approval of your claim can you request a meeting with the defendant in your case.
Erb’s Palsy Claims Help You Address Substantial Medical Bills
Erb’s palsy is a lifelong condition that you and your child will have to contend with. Addressing the financial needs that come along with this condition can put an unexpected strain on your entire family. When you file an Erb’s palsy lawsuit, though, you can include your new expenses in your request for financial support.
The compensation that your initial complaint can detail should help you address costs previously endured in medical environments and costs related to your child’s lifelong care. More specifically, you can ask for help covering:
- Birthing expenses
- Bills related to your child’s essential Erb’s palsy care
- Physical therapy
- Pain and suffering
- Lost wages
- Lost opportunities to work
- Disability fees
Our attorneys can work with you to establish the paper trail needed to prove your right to these and other forms of financial compensation. You can further discuss any limitations that Wisconsin may place on your right to compensation during an initial case consultation.
Charging the Right Party With Liability in an Erb’s Palsy Case
Erb’s palsy is most often caused by a medical professional’s negligence while you’re giving birth. That said, most medical professionals working full-time with an institution are protected by that institution’s medical team. This means that you can’t file a lawsuit against an individual doctor. Instead, your complaint needs to target their parent company.
Taking up an Erb’s palsy lawsuit against a hospital or similar institution can be intimidating. Fortunately, you have Wisconsin Erb’s palsy lawyers on your side. We work with you to both address the right party and submit evidence of that party’s liability in your case.
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Let a Wisconsin Erb’s Palsy Lawyer Take On Your Case
It is possible for medical professionals to treat Erb’s palsy. Consistent physical therapy can see some of your child’s mobility restored throughout their life. There’s little, however, that makes up for the negligence that put your child in such a harrowing position in the first place.
The Birth Injury Lawyers Group recognizes that, as a parent, you want to advocate for your child’s right to comprehensive medical care. That’s why our Wisconsin Erb’s palsy attorneys are prepared to go to bat for you. You can contact our team to schedule an Erb’s palsy lawsuit consultation today.