If you or your child has suffered from Erb’s palsy, you may be wondering if you have any legal recourse. Erb’s palsy is a condition that can follow your child’s birth and result in paralysis of the arm. While this condition is often temporary, it can cause lifelong problems.
If your child was born with Erb’s palsy, it may be the result of medical negligence. You can sue for Erb’s Palsy provided you have a bit of help from a lawyer.
What Is Erb’s Palsy?
Erb’s palsy is a type of paralysis that can occur after childbirth. It is caused by damage to the nerves in the neck and shoulder area. This damage can occur during delivery, particularly if the baby’s shoulder becomes stuck (called shoulder dystocia).
Symptoms of Erb’s palsy include paralysis of the arm and hand on the affected side. The child may also have a loss of feeling in the affected limb. In some cases, the child may also have problems with movement or muscle control in the face on the affected side.
Erb’s palsy is often temporary, and most children recover from the condition within a few months. However, some children may have lifelong problems as a result of the condition.
Can I Sue for Erb’s Palsy?
If your child was born with Erb’s palsy, you may be able to sue for damages. To do so, you will need to prove that the condition was caused by medical negligence.
Medical negligence can occur when a doctor or other medical professional fails to provide the standard of care that a reasonable person would expect in the same situation. For example, if a doctor fails to monitor a baby’s shoulder during delivery and the baby ends up with Erb’s palsy, this could be considered medical negligence.
How to Successfully Sue For Erb’s Palsy
To succeed in a medical negligence claim, you will need to show that the defendant’s actions (or inaction) caused your child’s Erb’s palsy. You will also need to show that your child has suffered damages as a result of the condition.
In addition, it’s important to note that you can only sue for Erb’s palsy if the case meets certain criteria. These include:
- The defendant must be a medical professional
- The defendant must have owed you or your child a duty of care
- The defendant must have breached their duty of care
- The breach of care must have caused your child’s Erb’s palsy
- Your child must have suffered damages as a result of Erb’s palsy
How a Lawyer Can Help
If you are considering suing due to having Erb’s palsy, a lawyer can help you in many ways. A lawyer can help you gather evidence, including medical records and expert testimony. A lawyer can also help you navigate the legal process and ensure your claim is successful.
Many states have laws that limit the amount of time you have to file a medical negligence claim. For this reason, it is important to speak to a lawyer as soon as possible if you think you may have a case. Medical malpractice lawyers are experienced in handling these types of cases and can help you get the compensation you deserve.
You might be able to receive compensation for:
- Medical expenses
- Physical therapy
- Lost wages
- Pain and suffering
- Emotional distress
In addition, many parents seek compensation for the loss of their child’s future earnings. If your child will need special education or medical care as a result of Erb’s palsy, you may be able to receive compensation for these costs as well.
Consider seeking the help of a lawyer if you or your child has suffered from Erb’s palsy. A lawyer can help you understand your legal options and make sure your claim is successful.