Birth Injury Attorneys Serving Clients Nationwide
Erb’s palsy is a birth injury occurring in nearly 12,000 infants each year in the U.S. The condition, which is a type of nerve injury, can have lasting impacts on a child and their family. It often causes weakness or loss of movement in the infant’s arm, resulting in physical limitations, developmental delays, and emotional distress.
At Beam Legal Team, we understand the effects Erb’s palsy can have on your family’s life. Our compassionate and skilled birth injury attorneys have over 30 years of experience, representing victims across the U.S.
If your child was hurt by medical negligence or malpractice at birth, we can protect your rights and help you secure fair compensation.
What Is Erb’s Palsy?
Erb’s palsy is a condition resulting from an injury to the brachial plexus, a network of nerves near the neck that control movement and sensation in the arm. It typically occurs during childbirth when the infant’s neck is stretched too far to the side, affecting the nerves.
Symptoms can include weakness or paralysis in the affected arm, reduced grip strength in the hand of the affected arm, and limited range of motion. Sometimes, the infant may hold the affected arm close to the body with a bent elbow.
Risk factors for Erb’s palsy include:
- Large birth weight
- Prolonged labor
- Breech deliveries
- Use of assistive delivery tools like forceps or vacuum extraction
Diagnosing Erb’s palsy involves a physical examination of your infant and a medical history review. Treatment can include physical and occupational therapy or surgery for more severe cases. Prompt medical diagnosis and care can improve your child’s chance of recovering the use of their affected arm and hand.
Proving Medical Negligence
Proving medical negligence in birth injury cases requires demonstrating specific legal elements. Your attorney from Beam Legal Team can gather evidence to prove the following:
- Duty of Care: You must show that the healthcare provider owed you a duty of care as a patient. Our attorneys can establish this with hospital guidelines and signed consent forms showing the medical staff owed a duty of care to you and your baby during childbirth.
- Breach of Duty: You must demonstrate that the provider breached their duty of care by not providing treatment that met the expected standard. We can prove this with medical records and expert testimony, showing the doctor improperly used forceps or mishandled the baby during delivery, causing nerve damage.
- Causation: You need to establish a direct link between the breach of duty and your child’s injury. Your attorney can present medical records like X-rays and expert opinions showing that the provider’s actions directly resulted in brachial plexus nerve damage.
- Damages: This requires showing that your baby suffered damages due to negligence. To maximize your compensation, we can demonstrate damages with medical bills, records of ongoing therapy or surgical procedures, and expert testimony about the future cost of care based on your child’s injuries.
Understanding Compensation for Erb’s Palsy
Compensation in Erb’s palsy cases can vary based on your child’s specific injuries and the level of malpractice that caused them. Here’s what we can help you recover:
- Economic Damages: Cover past and future medical bills, therapy costs, and lost future earnings due to the child’s condition
- Non-Economic Damages: Compensate for physical and emotional distress, diminished quality of life, and the impact on daily activities caused by the condition
- Punitive/Exemplary Damages: Compensate for physical and emotional distress, diminished quality of life, and the impact on daily activities caused by the condition
Finding an Erb’s Palsy Lawyer for Your Case
When pursuing a birth injury claim for your child, choosing the right lawyer can mean the difference between fair compensation and a lowball settlement. Consider the following when selecting your attorney:
- Research Law Firms: Use search engines, online legal directories, or recommendations from friends or family to locate experienced birth injury lawyers for your case.
- Schedule Consultations: Once you’ve identified potential law firms, schedule a free consultation with an attorney. During the consultation, ask questions about their experience, success rate, and approach to handling Erb’s palsy cases.
- Experience and Track Record: Look for attorneys with a proven history of success in handling birth injury cases. A lawyer familiar with Erb’s palsy cases can guide you better through its intricacies. At Beam Legal Team, we have won over $1 billion in settlements for families across the U.S.
- Client Testimonials and Reviews: Research the lawyer’s reputation by reading client testimonials and online reviews. Positive client feedback can help you assess a lawyer’s professionalism, communication style, and legal skills.
- Choose Wisely: Take the time to evaluate your choices and select a legal representative who meets your needs and has the ability to fight vigorously for your child’s rights and compensation.
Navigating the Erb’s Palsy Lawsuit Process
Many states have a two to four-year statute of limitations on medical malpractice cases, so speak with our firm as soon as possible to protect your family’s right to compensation. Our attorneys can protect your rights throughout the Erb’s palsy lawsuit process.
Our legal team can help you gather evidence—such as medical records and expert testimonies from obstetricians, pediatric neurologists, and economic experts—to prove the standards of care that were breached and the damages that resulted. We can represent you during negotiations with the defendant’s legal representatives to reach a fair compensation agreement.
If they do not agree to a fair settlement, our birth injury lawyers will advocate for your rights in court. We can prove your case to a judge and jury to secure compensation for your child.
Request a Free Consultation
"*" indicates required fields