What This Page Covers:
- Condition Explanation: Erb’s palsy is a birth injury affecting the brachial plexus, often caused by excessive force during delivery, such as improper use of forceps or pulling on the baby’s shoulder.
- Legal Necessity: Hiring a knowledgeable Erb’s palsy lawyer is essential for navigating the complexities of medical malpractice, assessing case specifics, and seeking compensation for various medical and emotional costs.
- Choosing a Lawyer: Selecting the right Erb’s palsy lawyer involves evaluating their experience with similar cases, understanding their approach to medical malpractice, and ensuring they provide supportive and clear communication.
- Davis & Davis Approach: Davis & Davis has decades of experience handling Erb’s palsy cases, offering thorough evidence collection, liability establishment, and diligent claim management to advocate for affected families.
- To schedule a free case evaluation today and speak to a real C-section complications attorney, please call our office at (888) 522-9444 or fill out our contact form.
Erb’s palsy is a disability that specifically arises from the injury of the brachial plexus. This disability is not a birth defect and is most commonly a direct result of pulling on the baby’s shoulder with excessive force. For example, as a child passes through the birth canal, a reckless doctor can potentially injure the child and cause Erb’s palsy by pulling too hard on the child or incorrectly using assistive devices such as forceps.
If your child’s Erb’s palsy diagnosis is a direct result of medical malpractice, the best course of action to take is to partner with a dedicated Houston Erb’s palsy attorney immediately. The team at Davis & Davis is here to help you and your child get the compensation you deserve. After your initial consultation, our Houston Erb’s palsy lawyers will handle everything, from the filing of your claim to the negotiation of your settlement with the insurance company.
What Is Erb’s Palsy and How Does It Happen?
Erb’s palsy is a condition that usually affects newborns, leading to weakness or even paralysis in one arm. The root cause of this condition lies in an injury to the brachial plexus – the network of nerves near the neck that gives movement and feeling to the arm, hand, and fingers. This injury often occurs during childbirth, particularly in cases of a difficult delivery or when a baby’s shoulder gets stuck behind the mother’s pelvic bone, a scenario known as shoulder dystocia.
The excessive force applied to free the baby or improper handling can stretch or tear these nerves, resulting in Erb’s palsy. It’s important to note that the severity of the condition can vary, with some babies experiencing mild weakness that improves over a few months, while others may need therapy or surgery to regain full use of their arm. Understanding how Erb’s palsy happens is the first step towards recognizing its impact and the necessity for legal support when seeking compensation for the injury.
Why Might You Need a Lawyer for Erb’s Palsy?
When your baby is diagnosed with Erb’s palsy, it can be an overwhelming time filled with medical appointments, treatments, and concern for your child’s future. If the condition resulted from complications during childbirth, you might wonder about your rights and whether the injury could have been prevented. This is where a lawyer with knowledge in Erb’s palsy cases becomes essential.
A knowledgeable attorney can help you understand the complex legal landscape, including whether medical negligence played a role in your child’s injury. They can assess the specifics of your case, gather necessary medical records and opinions, and represent your interests in seeking compensation. This compensation can cover medical bills, ongoing therapy, surgery costs, and even emotional distress for your family.
How Do You Choose the Right Erb’s Palsy Lawyer in Houston?
Choosing the right Erb’s palsy lawyer in Houston involves looking for someone with not only the legal knowledge but also a deep understanding and experience in handling birth injury cases, specifically Erb’s palsy. Start by searching for lawyers who have experience with medical malpractice or personal injury with a focus on birth injuries. Check their websites for testimonials from past clients to gauge their success rates and experience levels.
It’s also important to consider the lawyer’s accessibility and willingness to answer your questions. A good lawyer should make you feel understood and supported, offering clear explanations about your case and the legal process.
Lastly, scheduling a consultation can provide insight into whether their personality and approach align with your needs and expectations. Remember, finding the right lawyer is a key step in advocating for your child’s rights and securing the best possible outcome for your family.
Seeking Compensation For Your Child’s Erb’s Palsy
Texas currently offers economic and non-economic damages for victims of medical malpractice. This includes compensation for the following potential losses:
- Past, present, and future medical bills
- Emergency hospital bills
- Scarring or disfigurement
- Any required physical therapy or rehabilitation
- Any necessary medical tools or equipment
- Loss of enjoyment of life
- Pain and discomfort
Children with Erb’s palsy may have higher than average healthcare costs and require the assistance of expensive equipment or tools to do everyday tasks. The team at Davis & Davis understands the difference financial compensation can make in the lives of victims of medical malpractice, which is why our Erb’s palsy lawyers fight so hard to get your family the results you deserve.
How a Dedicated Erb’s Palsy Attorney in Houston, TX Can Help
When you find yourself looking to file a medical malpractice claim and hold your healthcare provider liable for their recklessness, it is important you do not try to do so alone. When you partner with a knowledgeable Texas Erb’ palsy attorney, you are giving yourself the ability to concentrate on your newborn child while a dedicated firm gets to work on the following important aspects:
Collect Evidence
In order to file a claim and demonstrate the full extent of your losses, your attorney will conduct an investigation into the circumstances surrounding your child’s birth and gather any relevant evidence. In many cases, your child’s doctor will have improperly used forceps, or even incorrectly handled your baby, during the delivery process. To prove this, potential evidence can include detailed medical records, eyewitness accounts, and skilled testimony.
Establish Liability
Using the collected evidence, your Houston Erb’s palsy attorney will then work to establish a liable party. This is most often the doctor, though can also be the nurse or other healthcare professional. Liability is established through the following components:
- You were owed a standard of care during the delivery process
- That care was breached by pulling too hard or incorrectly using assistive devices
- The breach directly resulted in your child’s injury and Erb’s palsy diagnosis
Healthcare professionals are trained to safely deliver a child. When their recklessness results in a birth injury, you are able to hold them liable and file a personal injury claim with their insurance for damages and justice.
File Your Claim
Texas currently has a two-year statute of limitations for filing a medical malpractice claim. This date starts the day of the injury or the date of which you should have reasonably known your child has been injured. In some cases, you may not reasonably know your child has Erb’s palsy immediately. Once the condition has been diagnosed by a doctor, it is important to take your case to an Erb’s palsy attorney as soon as possible. They can help oversee all aspects of your claim, including the filing. They will ensure it is filed before the deadline and that it includes all of the necessary documentation.
Your Houston, TX Erb’s palsy attorney will handle all negotiations with the insurance company and fight for an adequate settlement offer. If one cannot be reached, Davis & Davis’s trial tested legal team is prepared to take your case to court and continue the fight for the financial compensation and justice your family deserves.
What Questions Should You Ask a Prospective Erb’s Palsy Lawyer?
When meeting with a prospective Erb’s palsy lawyer, it’s important to ask questions that will help you gauge their knowledge and whether they’re the right fit for your case. Here are some crucial questions you should consider:
- What is your experience with Erb’s palsy cases?: Understanding their level of experience can give you insight into their familiarity with similar cases.
- How do you approach cases of medical negligence or malpractice?: This question helps you understand their strategy and whether they have a proactive approach.
- Can you share any success stories or outcomes from past Erb’s palsy cases?: Success stories can provide a glimpse into their track record and effectiveness.
- What are your communication policies?: Knowing how often and through what means they’ll update you can set expectations for ongoing communication.
Selecting the right lawyer is a critical step in your journey towards seeking justice and compensation for your child’s Erb’s palsy. These questions can pave the way for a transparent and trusting relationship with your legal representative, ensuring they are well-equipped to handle your case.
Understanding Legal Fees and Costs
When considering hiring a Houston Erb’s palsy lawyer, understanding the structure of legal fees and costs is essential. Most medical malpractice lawyers, including those handling Erb’s palsy cases, receive a percentage of the settlement or award rather than charging upfront fees. This arrangement can significantly relieve financial pressure on families, allowing them to pursue justice without worrying about immediate legal costs.
However, it’s important to discuss the specifics with your lawyer, including what percentage they will take and if there are any circumstances in which you might be responsible for any costs upfront. Additionally, inquire about any other expenses that might be incurred during the legal process, such as fees for medical records, witness testimonies, and court filing fees, to fully understand your financial obligations. Having a clear picture of these details will help you manage your expectations and make informed decisions as you move forward with your case.
Schedule a Free Consultation With an Erb’s Palsy Lawyer Today
Don’t try to take legal recourse for your child’s Erb’s palsy diagnosis without the help of an Erb’s palsy attorney in Houston, TX. In your pursuit of justice and the rightful compensation you deserve, remember that Davis & Davis is here to stand by your side every step of the way. With over 300 jury trials under our belt, our Erb’s palsy lawyers understand the unique challenges you face, and our team is committed to fighting tirelessly for you and your child’s rights. Your well-being and peace of mind are our top priorities.
Don’t hesitate to take the first step towards justice and healing by contacting us today at (888) 522-9444 or by filling out our contact form to schedule your complimentary consultation. Your journey to justice for your child’s birth injury begins now.
