
What should be one of the happiest days of your life can easily become one of your worst if a medical professional is negligent while delivering your child, causing injuries. Some of the most common ones are brachial plexus injuries, including Erb’s palsy, which can require significant medical care and could cause your newborn pain and distress.
If your child has suffered a birth injury because of medical malpractice, a Jacksonville Erb’s palsy lawyer with Baggett Law Personal Injury Lawyers can help. We can also help if your loved one has become ill due to nursing home abuse. Contact us online or call us today at (904) 736-7813 in Jacksonville, FL, for a free consultation.
How Baggett Law Personal Injury Lawyers Can Help if You or a Loved One Are Suffering From Erb’s Palsy
Seeing your child suffering because of someone else’s negligence can leave you feeling helpless. You’re not helpless, however. At Baggett Law Personal Injury Lawyers, we can help you prove that a medical professional did not offer an appropriate level of care, resulting in your child’s injury. Our nursing home abuse lawyers in Jacksonville are also adept at handling cases involving negligent care.
Our team offers services that include:
- Assessing your claim
- Gathering evidence to prove what happened
- Negotiating with insurers
- Filing a lawsuit
- Taking your case to court if necessary
We’ve helped our clients recover tens of millions of dollars since we opened our doors in 2012, and we can help you, too. If your child suffered losses because of someone’s actions, contact our group of experienced trial lawyers in Jacksonville, Florida, to get started filing a claim.
What Is Erb’s Palsy?
Erb’s palsy is the most common type of brachial plexus injury. It’s a nerve condition in the arm and shoulder that causes weakness and loss of muscle function. There are four main types of Erb’s palsy.
An avulsion is the most serious one. It occurs when one of the nerves that send signals from the spine to the shoulder, arm, and hand is ripped from the spine.
A rupture, on the other hand, occurs when the nerve is torn but not separated from the spine. A neuroma occurs when a tear heals but leaves a scar that puts pressure on the nerve.
Finally, neurapraxia is the most common type of Erb’s palsy. It occurs when the nerve is stretched but not torn.
How Negligence Causes Erb’s Palsy
A significant number of Erb’s palsy cases in newborns are the result of medical errors during delivery. It can occur because of physicians who pull too hard on the baby’s head or neck as the shoulders pass through the birth canal. It can also happen if they pull with too much force on a baby’s feet during a breech delivery.
In some instances, the doctor may not have used assistive delivery tools like vacuum extractors and forceps correctly. This type of injury often happens when there are inexperienced doctors involved. Many times, the injury could have been avoided if the physician had used more care or if they had ordered a C-section instead.
Erb’s palsy can also occur in adults, although it is more rare. Nursing home abuse and neglect is an example of how this might occur. If this has happened to you or a loved one, you may be able to take legal action.
How an Erb’s Palsy Lawyer Can Help
In order to file a claim to get compensation, you need to prove that the injury wouldn’t have occurred if the physician or other at-fault party had acted in a responsible manner. This means first establishing that they owed you a duty of care and that they breached it, resulting in losses for which you can be compensated. In many cases, the hardest part to prove is that they breached their duty of care.
The defendant can claim that they did everything correctly and that the injury occurred for reasons other than their actions. You will need to have evidence and corroborating statements from expert witnesses who can show that the doctor’s actions directly led to the injury.
A lawyer can gather the necessary evidence and contact expert witnesses on your behalf to prove what happened.
Negotiating with the teams of lawyers that hospitals or other healthcare providers employ is never simple, either. You need to have representation of your own to be able to get the compensation you deserve. Your lawyers will negotiate for the best possible settlement.
If negotiations aren’t effective, your lawyer can take your case to court. You should never try to do that on your own. Relying on a lawyer can substantially improve your chances of success.
Schedule a Free Case Review With an Experienced Jacksonville Erb’s Palsy Lawyer
Erb’s palsy can be a long-term condition that affects you or your child for years to come, requiring rehabilitative therapy and medications. You shouldn’t have to deal with all of this without help when the injury was the result of negligence.
Contact our experienced Jacksonville Erb’s palsy attorneys today for a free consultation.