A healthcare professional’s failure to properly respond to a difficult delivery can lead to a number of serious injuries, including Erb’s palsy.
If your child has been impacted by a medical error resulting in Erb’s Palsy, you need the best Erb’s Palsy lawyers on your side.
At Baird Mandalas Brockstedt & Federico we can help you hold the negligent parties accountable for their mistakes and seek justice for your child’s injury.
What Is Erb’s Palsy?
Erb’s palsy is a condition involving injury to the brachial plexus.
The brachial plexus is a network of nerves near the neck that provides communication between the brain and the shoulders, arms, hands, and fingers.
When these nerves are injured during delivery, a baby might develop Erb’s palsy. Erb’s palsy can result in paralysis of the arm or arm weakness and loss of movement. These injuries can be permanent.
Erb’s Palsy Medical Malpractice
Medical malpractice is a subset of personal injury law.
Generally, a medical malpractice case arises when a healthcare professional or healthcare provider fails to meet the standards of care when treating, diagnosing, or otherwise providing medical care to a patient.
If a patient is injured due to a failure to adhere to the applicable standards of care, you may be able to file a case for medical malpractice.
Erb’s palsy is often preventable, especially when it occurs during the birthing process. Let our birth injury lawyers help you to determine if you have a valid claim for medical malpractice.
There are several ways that medical malpractice could result in Erb’s Palsy. These situations may include:
- Pulling too hard on an infant’s head while the infant’s shoulder is trapped during delivery;
- Failure to anticipate a complicated delivery and/or order a timely cesarean section when a baby is in distress;
- Negligent use of assistive delivery tools such as vacuum extractors or forceps
Medical professionals are trained to deliver babies in ways that avoid risking damage to the neck and head of the child.
When reasonable care is not taken to avoid injuries, a baby may develop Erb’s palsy.
An Erb’s palsy lawyer can help you prove that a healthcare provider’s failure to meet the standard of care injured your child.
How to File an Erb’s Palsy Lawsuit
If you believe your child developed Erb’s palsy due to a medical error, you and/or your child might be entitled to compensation from the doctor, nursing staff, hospital or other healthcare professionals or institutions involved in the delivery.
Medical malpractice cases involving Erb’s Palsy can be complicated.
Therefore, it is important to find an experienced Erb’s palsy lawyer to guide you. Here are some of the ways an experienced Erb’s Palsy lawyer can help you:
Negotiate a Medical Malpractice Settlement
Healthcare professionals and institutions usually have medical malpractice insurance. These insurance companies might offer settlements that are worth less than the fair value of the case.
You do not have to accept an unfair Erb’s palsy settlement. An experienced attorney can negotiate on your behalf and, if necessary, file a medical malpractice claim.
Determine How Much Your Claim Is Worth
Determining how much your claim is worth is an important part of the legal process and should happen before you consider accepting an Erb’s palsy settlement.
If you do not know how much your claim is worth, it will be difficult to properly evaluate a settlement offer.
When considering the worth of a medical malpractice case, it is important to take into consideration past, present, and future medical expenses and other related care associated with the medical condition at issue.
An experienced Erb’s Palsy lawyer can retain expert witnesses to examine your child and determine the severity of your child’s condition and their prognosis.
Undervaluing a claim can result in an inadequate settlement or jury verdict.
Submit a Qualified Expert Certificate
In Maryland, medical malpractice victims are required to file a certificate of a qualified expert and report attesting to a breach of the applicable standards of care.
The certificate(s) and report(s) must also attest that the breach of the standards of care resulted in an injury to the patient.
An experienced Erb’s Palsy lawyer can retain the appropriate expert witnesses and file the necessary certificates of merit and reports with the court.
Special Requirements
If your medical malpractice case involves damages over $30,000, you must first file your claim with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO).
After the case has been filed with the HCADRO, your attorney may elect to waive arbitration and file a complaint with the Circuit Court.
File an Erb’s Palsy Lawsuit
An Erb’s Palsy lawsuit must be filed within the applicable statute of limitations.
The statute of limitations can vary depending upon the date of the injury and the age of the patient at the time of the alleged negligence.
Indeed, the statute of limitations for an adult and a minor may be different. An experienced attorney can explain how the statute of limitations applies to your case and when you have to file a lawsuit.
Compensation for your Erb’s Palsy Settlement
Seeking an Erb’s Palsy settlement for your child’s injury may seem like a daunting task, but an experienced attorney can help you properly evaluate your claim and negotiate a fair settlement.
Compensation for an Erb’s Palsy case can include both economic and non-economic damages.
Economic damages can include past, present, and future monetary costs as well as future loss of earning capacity.
Non-economic damages can include pain and suffering, anxiety, depression, and loss of enjoyment of life.
Choosing a Maryland Erb’s Palsy Attorney
There is nothing more difficult for a parent than seeing their baby hurt or injured. Hospitals, doctors and insurance companies will hire experienced lawyers to defend medical malpractice cases.
Therefore, if your child has been injured due to a medical mistake, you need the best Erb’s Palsy attorney on your side.
The team at Baird Mandalas Brockstedt & Federico has the necessary experience and track record to fight for you and your child.
We have handled numerous Erb’s Palsy cases and pride ourselves on being professional, responsive, and accessible.
Contact us by phone or online to schedule your free case consultation to learn more about how we can help you.