After your child’s Erb’s palsy diagnosis, it’s reasonable for you to be concerned about providing the best care for them both now and in the future. For this reason, it’s important to speak with a lawyer as soon as possible to determine if your child has a valid medical malpractice claim and needs legal protection.
You need a lawyer who will devote their time to fighting for accountability and responsibility for your preventable birth injury case. Doctors and hospitals have deep pockets and expensive lawyers at their disposal. Experienced Erb’s palsy lawyers in Florida can go up against even the largest hospital corporations or insurance companies to help you win.
For a free legal consultation, call 1-800-222-9529
What Medical Malpractice Can Lead to Erb’s Palsy?
Thousands of children every year are left with nerve damage because of mistakes medical professionals made during the labor and delivery process. Unfortunately, many parents don’t realize that their healthcare provider might be to blame for their child’s Erb’s palsy.
If your child suffers from a birth injury, an attorney can help investigate if any of the following errors were made by a healthcare provider that caused your child’s disability:
- The baby’s shoulders were pulled on during birth
- During a breech birth, the baby’s raised arms were pulled with aggressive force
- The baby’s head and neck were pulled to one side as the shoulders went through the birth canal
- The doctor pulled the baby from the birth canal during a difficult birth
- Forceps, a vacuum, or other delivery room tools were used incorrectly
- Someone waited too long to order a C-section
- A healthcare provider ignored signs of fetal distress
Florida Birth Injury Lawyer Near Me 1-800-222-9529
Is it Worth it to File a Claim With a Florida Erb’s Palsy Lawyer?
It’s worth your time to hire an attorney and pursue legal action against the medical personnel who caused your family pain. After consulting with medical professionals to determine whether your child’s condition was caused by medical negligence, an attorney will pursue compensation for you and your child and hold the negligent parties responsible for their actions.
It’s no secret that medical costs can be high and caring for your injured infant while facing these bills can be taxing. Children with disabilities, such as Erb’s palsy, will require even more care, resulting in higher bills. Florida Erb’s palsy attorneys can ease your stress and financial burdens by helping secure compensation for your child’s medical costs, including:
- Past and future medical treatment
- Medical equipment and assistive devices
- Inability to work
- Special education
- Home modifications
- Therapy and rehabilitation
Your time and money are valuable. Make sure you’re working with a legal team who are compassionate and want to be your advocate through it all. While you technically can pursue a claim on your own, it’s in your best interest to hire someone who has experience with the tactics hospitals’ legal teams and insurance companies tend to use.
What Is the Process for an Erb’s Palsy Birth Injury Lawsuit?
Throughout every step of filing a birth injury lawsuit and obtaining justice from negligent medical professionals and their hospital, your lawyer will handle it. While you shift your priorities to your child’s care, it’ll be relieving to have someone by your side who’s qualified to fight back against insurance companies and can help you win your case.
Step 1: Consultation
The first step to filing a claim and pursuing recovery for your damages is to contact an experienced Erb’s palsy lawyer who can review your case and your child’s diagnosis to help you decide whether or not to move forward..
Step 2: File a claim
If your Florida Erb’s palsy lawyer believes you have a case, they can help you start the filing process. This usually begins with drafting and filing a petition to start your medical malpractice lawsuit.
Step 3: Discovery
Your attorney will exchange information about the case with the other side and their legal team in order to get an understanding of what the other side possesses.
Step 4: Depositions
A deposition is a sworn testimony that helps your lawyer discover information a witness has that could be relevant to your case. You’ll get answers to questions about what happened before, after and during the birth from medical professionals.
Step 5: Investigation
If you’re working with an experienced birth injury law firm, they will have connections to medical experts. After consulting with them, your lawyer can file a presuit investigation in accordance with Fla. Stat. § 766.203 to uncover the facts of your case.
These well-qualified nurses and doctors who have an expertise related to birth injuries can assist your Erb’s palsy lawyer in analyzing your case to determine where medical professionals acted negligently.
Step 6: Mediation
Mediation or settlement negotiations is an opportunity for both parties to meet outside of court to reach an agreement on how much compensation is owed. In most instances, the case will finish here and will never have to be presented to a judge.
Step 7: Trial
If the case doesn’t settle in mediation, because of the defendant’s legal team and insurance company’s hesitation to settle, your next step is to go to trial. Your skilled Erb’s palsy lawyer will present your case to a judge or a jury, call medical experts and witnesses to testify and put your case in the hands of the jury. If your case wins, you will be issued a court award.
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How Much Money Can You Get From an Erb’s Palsy Settlement?
In Erb’s palsy lawsuits, there is no minimum amount you can receive in a settlement. It is all dependent on your damages. After helping you identify your losses, a Florida Erb’s palsy lawyer will total your non-economic and economic damages and assign a value to your case that you should be pursuing for compensation.
Florida statutes authorize a cap of $500,000 on non-economic damages in medical malpractice lawsuits, which covers compensation for “pain and suffering. In instances where the malpractice resulted in death or a vegetative state, there’s a $1,000,000 cap on non-economic damages instead, according to Fla. Stat. § 766.118.
If Your Baby Suffers From Erb’s Palsy Caused By Negligence, Our Florida Lawyers Can Help
The Birth Injury Lawyers Group is one of the best law firms in Florida dedicated to representing families and victims of medical malpractice. If you think that your baby’s Erb’s palsy was caused by a physician, healthcare professional, or hospital administrator who did not perform their duties correctly, we urge you to contact our office right away.
Our Florida Erb’s palsy attorneys can provide you with a free case review to determine your family’s best course of action based on your options and what you’re eligible to recover. Call us today to schedule your free consultation. We take cases on a contingency fee, which means our clients spend nothing out of pocket until they receive compensation.