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.
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 that 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 Houston 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 Erb’s palsy attorney in Houston 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 expert testimony.
Establish Liability
Using the collected evidence, your Houston Erb’s palsy attorney can establish a liable party. This is most often the doctor, though can also be the nurse or other healthcare professional. Liability is established through negligence, or 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. As soon as you do and 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 is prepared to take your case to court and continue the fight for the financial compensation and justice your family deserves.
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 a 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 Houston, TX Erb’s palsy lawyers understand the unique challenges you face, and our team of experienced Houston Erb,s palsy lawyers 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 online contact form to schedule your complimentary consultation. Your journey to justice for your child’s birth injury begins now.