Erb’s palsy lawsuits allow you to seek compensation if your baby suffered neck or shoulder damage at birth due to medical error or malpractice. What’s more, a settlement of this lawsuit can also help you cover your baby’s medical expenses. For more details, learn about these lawsuits through this article. So, please read on!
Erb’s Palsy Malpractice and Medical Negligence
In general, malpractice or medical negligence occurs when a doctor or other medical professional makes a mistake or fails to take action that causes harm. Additionally, malpractice is usually preceded by difficult labor which is one of the most common causes of Erb’s palsy.
However, during a difficult delivery, doctors and other medical personnel may make mistakes that injure the brachial plexus nerves in the baby’s shoulder and neck. The result of this error or omission is what eventually causes Erb’s palsy, making it difficult for your child to use his affected arm until he grows up.
Below are some examples of medical malpractice resulting in Erb’s palsy, among others:
- Delaying or failing to perform a cesarean section or C-section during a difficult vaginal delivery
- Failing to monitor and treat a mother or child who is in a high-risk condition, such as maternal diabetes
- Misusing labor aids, such as forceps or vacuum extractors
- Pulling too hard on the baby’s legs during breech labor where
- Using excessive force on the baby’s head, neck, or shoulders when pulling them from the birth canal, especially in cases of shoulder dystocia
What are Erb’s Palsy Lawsuits?
As the name implies, an Erb’s palsy lawsuit is a legal complaint filed against a negligent healthcare provider who is responsible for causing a child to be injured at birth. These healthcare providers include doctors, hospitals, midwives, and other medical professionals.
In addition, filing an Erb lawsuit means that you are seeking your rights and compensation for the injuries your child sustained due to the negligence of the healthcare provider. You can use this compensation to pay for your child’s surgery, therapy, and other related costs.
Why File Erb’s Palsy Lawsuits?
Simply put, there are four reasons why you should file Erb’s Palsy lawsuits. What are these four reasons? Take a look at the bullet points below to figure it out.
1. Paying for Medical Treatment
The compensation you can get from brachial plexus lawsuits can help you provide the best treatment for your children. This could include surgery to repair nerve damage or physical therapy to help with strength and range of motion in your child’s injured arm.
2. Holding Negligent Healthcare Providers Liable
Either way, your lawsuit regarding Erb’s palsy can send a strong message that medical malpractice is unacceptable and requires consequences. In other words, with this lawsuit, you can seek liability from the responsible parties, such as doctors, nurses, hospitals, and others.
3. Protect Other Children
Sadly, there is nothing you can do to relieve your child’s birth injury. But, an Erb’s palsy lawsuit can protect other children from similar dangers. Sometimes hospitals change their policies and procedures in immediate response to lawsuits. Also, doctors may choose to quit practicing after being accused of medical malpractice.
4. Securing Your Child’s Future
In some cases, children suffering from Erb’s palsy can no longer use their injured arm. Considering this, their possible future career choices and earning capacity may be affected. Thus, by filing a lawsuit, you can get compensation for this matter.
The Settlement of Erb’s Palsy Lawsuits: What is the Benefits
Erb’s palsy lawsuit settlements are financial payments made to the families of infants born with brachial plexus injuries caused by medical malpractice. These settlements may be the result of lawsuits against doctors, nurses, medical personnel, and hospitals for negligence.
If you are successful in receiving a settlement for your Erb’s palsy lawsuit, you may receive compensation sooner. Needless to say, this is very important because you can immediately get additional costs to treat your brachial plexus injured child. Below are the benefits that you can obtain from having Erb’s palsy settlements.
- Avoiding emotionally and physically exhausting lawsuits
- Not having to face health professionals who cause harm in the courtroom
- Reduced need to relive traumatic events during lengthy legal battles
What about the compensation amount? Indeed, the amount of compensation from an Erb’s palsy settlement varies from case to case. Below are some of the factors that can affect the settlement value and the amount of compensation you can get.
1. Severity of Injury
If your child has suffered severe nerve damage in the affected arm, then you may be able to get a large settlement value.
2. Past and Future Medical Expenses
Children may require expensive surgeries and therapies depending on the extent of the nerve injury. The more severe your child’s injury, the more compensation you can get.
3. Loss of Income
Some children may have permanent disabilities that will affect their ability to work. Parents may need to take time off from employment to provide care.
4. The Extent of Medical Malpractice
When medical malpractice is severe, negligent healthcare providers may agree to larger Erb’s palsy lawsuit settlements.
5. The State Where Your Child was Born
Each state in the United States has its laws to limit how much can be awarded in medical malpractice cases.
Why is it Important to Have a Lawyer in Erb’s Palsy Lawsuits?
If you are planning to file a lawsuit against a healthcare provider for your child Erb’s palsy, then you need help from a lawyer. An experienced and knowledgeable lawyer can help smoothen your lawsuit.
In addition, these experts will take several steps to help you and your child get the rights and compensation you deserve. They will gather evidence, conduct investigations, and determine the potential value of compensation that you may be able to receive.
Have You Known About Erb’s Palsy Lawsuits?
After all, the birth of your child is a blessing that you should celebrate as a parent. Unfortunately, if your child develops Erb’s palsy during the birth process due to malpractice or negligence on the part of doctors and hospitals, then you have the right to seek rights and compensation for it.
By filing Erb’s palsy lawsuits, you will be able to receive compensation for your child’s injuries. More than that, there are many benefits that you can gain if you manage to win the lawsuit or receive a settlement.
