During labor and delivery, Erb’s palsy – a type of birth injury – is a result a healthcare professional’s negligence or malpractice. Regardless that the medical errors are not done intentionally, the damages that are suffered are no less devastating. If you are a parent whose life has been changed by a birth injury that could have been prevented and you need help, talk to an Erb’s Palsy Lawyer. Based on the circumstances of the delivery of a child, a family can recover some expenses for treatment and other losses.
Erb’s Palsy – What Causes it?
Erb’s palsy is a type of brachial plexus injury. The network of nerves that affects the shoulders, arms and hands is the brachial plexus. When the group of nerves gets damaged it can result in Erb’s palsy and how bad the nerves are damaged will determine how severe the condition is.
There are a number of factors that may increase the risk of a brachial plexus injury during delivery, including:
In some cases, the injuries a baby sustains are unavoidable; in others, the injuries could have been prevented with proper or adequate medical care. If your child has Erb’s palsy and you think it could have been prevented, take your case in to be evaluated by an Erb’s palsy lawyer.
How an Erb’s Palsy Lawyer Can Help
Evaluate your case: During a free case evaluation, an Erb’s palsy lawyer will talk to you about the circumstances of your child’s birth and determine whether medical negligence played a role in your child’s condition.
Prove your case: Proving medical negligence or malpractice is an extremely involved and complex process that requires significant medical, legal and financial resources. An experienced Erb’s palsy lawyer will organize these resources for you to prove your case beyond a reasonable doubt.
Negotiate a settlement: An Erb’s palsy lawyer can try to negotiate a settlement with defendants prior to a trial. However, if the case goes to court, your lawyer can present your case and defend your legal rights.
Ensure Your Rights Are Protected
Though there are instances in which Erb’s palsy injuries heal without medical treatment, more severe injuries generally require extensive treatment such as surgery. Treating Erb’s palsy can be costly, especially when the injuries are not easily treated. When injuries are preventable, those who are responsible may be held accountable for the associated treatment costs.
In fact, responsible parties may also be held accountable for other damages, including non-monetary damages such as:
If you think medical malpractice or negligence is to blame for the brachial plexus injuries your child suffered during birth, ensure your rights are protected by contacting an Erb’s palsy lawyer today.
Contact an Attorney Today
Let the Erb’s palsy lawyers at our law firm help you. Speak with an experienced attorney today about your case.
Mail this postGenerally, malpractice refers to some type of negligence from a professional. In medical malpractice cases, the negligence is on the part of a healthcare provider who has strayed from accepted standards of care and consequently caused a patient harm.
The law allows victims of medical negligence to file a malpractice lawsuit against the responsible party(s). A malpractice lawsuit provides a means by which victims can hold the negligent healthcare professional(s) accountable for damages such as:
Pain and suffering
Loss of a loved one
Loss of delightment of life
Permanent injury or disability
Loss of income earnings
Medical treatment costs
Before a malpractice lawsuit can be filed, it must be found to have merit. An evaluation of your case can be done by a medical malpractice attorney to determine if you can proceed legally. You attorney will be looking for particular evidence where negligence took place and damages were endured because of it.
An experienced attorney will evaluate your claim at no cost if you suspect you have a malpractice lawsuit so take action right away. There is a time limit known as the statute of limitations that you have to file a lawsuit. While statutes vary by state, most set a time limit of 1 to 3 years after the incident occurred (or was discovered).
Do You Have a Malpractice Lawsuit?
The following represent some of the many types of negligence that may be grounds for a malpractice lawsuit:
Delayed diagnosis, misdiagnosis or failure to diagnose – Diagnostic mistakes are the most common medical mistakes and cancer, heart attack, stroke, blood clots and meningitis are the types of illnesses usually involved
Surgical mistakes – Every year thousands of patients are injured by surgical errors. This could include medical instruments left in the body of the patient after surgery, removal of the wrong body part, or the wrong body part operated on.
Medication errors – A slight mistake (an overdose, under-dose or administration of the wrong drug) can have fatal consequences.
Mistakes made during labor and delivery – Mother and baby are particularly vulnerable during this time and negligence can cause birth injuries including cerebral palsy, Erb’s palsy, brain damage and stroke.
If your situation is not listed above does not mean you do not have a malpractice lawsuit. Malpractice can take many forms and can be committed by any medical professional including doctors, nurses and lab technicians. The best course of action for you is to talk with an attorney to determine if you have a valid claim.
Contact Us about Filing a Malpractice Lawsuit
Malpractice lawsuits are extremely complex, but the attorneys at our law firm have a long and successful track record of handling these types of cases. Contact us now if you have a case you need evaluated. We will evaluate your claim at no cost and will advise you of your legal options.
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