Erb’s Palsy is a devastating birth injury resulting from nerve damage produced by the physician during delivery, which causes significant arm weakness and loss of motion in the child.
For families affected by this condition, the emotional and financial burdens can be overwhelming.
Seeking legal action for medical malpractice or negligence is not just about compensation, it’s about securing the best possible care and future for your child. Also, holding negligent medical professionals accountable ensures justice for your family and promotes better standards of care, helping prevent similar cases for others.
Your child deserves the best care, and you deserve answers. Contact us today for a free consultation and let our experienced Baltimore Erb’s Palsy Lawyer fight for the compensation you need to secure.
Do You Have Grounds For an Erb’s Palsy Lawsuit?
To be eligible for filing an Erb’s palsy lawsuit, four critical elements must be present:
- Duty of Care: The healthcare provider had a legal obligation to provide a standard level of care to the patient.
- Breach of Duty: This typically involves proving that the healthcare provider failed to follow the appropriate protocol for the scenario, directly resulting in the injury.
- Causation: A direct link must exist between the provider’s breach of duty and the injury sustained by the patient.
- Damages: The injury must result in quantifiable harm, such as medical expenses, loss of income, or pain and suffering.
Proving these elements requires a thorough investigation, expert opinions, and comprehensive documentation.
It is important to consult with our specialized attorney to help determine the eligibility of the case and guide the legal process.
Medical records are essential in establishing the connection between the medical provider’s actions and the injury.
Detailed documentation of the birth process, medical interventions, and subsequent treatments are essential for building a strong case. Being aware of this and gathering this evidence early will significantly enhance the chances of a successful lawsuit.
Do I Need a Baltimore Erb’s Palsy Lawyer?
Handling a medical malpractice case, especially one involving Erb’s Palsy, can be overwhelming without legal expertise. Here’s why hiring our law firm is your best choice:
- Complex Legal Procedures: Filing a claim involves strict legal and procedural requirements, which can be challenging for claimants without experience.
- Proving Negligence: Establishing a breach of duty and causation requires extensive knowledge of standards including medical and legal.
- Access to Resources: We work with medical experts and investigators to gather evidence and build a compelling case.
- Maximizing Compensation: Our attorneys are skilled negotiators who ensure you recover compensation for all damages.
By choosing Frank Spector Law, you gain a dedicated advocate who understands the complexities of medical malpractice cases and is committed to securing justice for your family.
Damages You Can Recover
Victims of Erb’s Palsy may be entitled to various types of damages, including:
- Economic Damages: Covering measurable financial losses such as medical expenses, therapy costs, and lost wages for caregivers.
- Non-Economic Damages: Compensating for pain, suffering, emotional distress, and reduced quality of life.
- Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter similar conduct.
Understanding the full scope of damages ensures that victims and their families receive adequate compensation to address both current and future needs.
Erb’s Palsy Settlement
A settlement typically involves negotiations between the plaintiff’s legal team and the defendant, often the healthcare provider or institution responsible for the injury.
Settlements can offer a quicker resolution compared to a lengthy trial process, allowing families to move forward with their lives while ensuring that their child’s needs are met.
Our skilled attorney will help negotiate a fair settlement that reflects the full extent of the damages suffered, providing financial support for medical expenses, future care needs, and compensation for pain and suffering.
Benefits of Filing an Erb’s Palsy Lawsuit
- Filing a lawsuit can provide the financial resources necessary to cover medical expenses, including surgeries, therapies, and ongoing care for your child.
- Taking legal action ensures that negligent healthcare providers are held accountable for their actions, promoting better standards of care and preventing future incidents for other families.
- Securing compensation through a lawsuit helps ensure that your child receives the best possible care and support that can be given and helps prevent future undesired outcomes, enabling them to live a healthier and more fulfilling life.
Who Can You Hold Liable?
Several parties may be held accountable for an Erb’s Palsy injury, including:
- Obstetricians and Delivery Doctors: For improper handling during childbirth or failure to anticipate complications.
- Nurses and Medical Staff: For failing to act promptly or adequately assist during delivery.
- Hospitals and Clinics: For inadequate training, staffing, or faulty equipment.
- Manufacturers of Medical Tools: If defective delivery instruments contributed to the injury.
Determining liability is a critical step in pursuing justice and securing compensation. Our experienced attorneys will thoroughly investigate your case to identify all responsible parties.
Filing an Erb’s Palsy Medical Malpractice Lawsuit
Filing a birth injury lawsuit is essential for several reasons. It allows families to seek justice and hold healthcare providers accountable for negligence that led to injuries such as Erb’s Palsy.
A successful lawsuit can provide financial compensation to cover medical expenses, rehabilitation, and long-term care, which can significantly alleviate the financial burden on the affected family.
Additionally, pursuing a malpractice claim serves as a deterrent, encouraging medical professionals to adhere to higher standards of care to prevent similar incidents in the future.
Malpractice cases like these play a vital role in promoting patient safety and ensuring accountability in the healthcare system.
Legal Grounds for an Erb’s Palsy Lawsuit in Baltimore
Legal grounds for an Erb’s Palsy lawsuit in Baltimore typically center around the involvement of medical malpractice and negligence during labor and delivery.
Such negligence might involve improper handling of delivery complications or failure to perform necessary interventions.
Most cases are related to failure to adhere to the accepted standard of care during childbirth by healthcare providers, leading to the occurrence of preventable injuries.
Common medical errors that can result in Erb’s palsy include:
- Excessive pulling or twisting of the baby’s head and shoulders during delivery
- Misuse of delivery tools such as forceps or vacuum extractors
- Failure to recognize and respond to signs of shoulder dystocia promptly
- Inadequate planning for a safe delivery in cases of known risk factors such as a large baby or breech position.
Time is of the essence in medical malpractice claims. Call us now to ensure your rights are protected, and our Baltimore birth injury lawyer will guide you through every step of the process.
Statute of Limitations for Erb’s Palsy Lawsuits in Baltimore
Understanding the statute of limitations is essential when considering filing an Erb’s Palsy lawsuit in Baltimore.
In Maryland, the statute of limitations for medical malpractice cases, including those involving Erb’s Palsy, generally requires that you file a lawsuit within three years from the date the injury was discovered or should have been discovered.
However, there is an overarching limit that prohibits filing a lawsuit more than five years from the date the injury occurred, regardless of when it was discovered.
Steps to File an Erb’s Palsy Lawsuit
- The first step is to seek a free case evaluation from our specialized attorney. We will determine the viability of your case and provide initial legal guidance.
- After establishing a legal base, the collection of information becomes the next essential step, which involves gathering comprehensive medical records and evidence. This includes documentation of the birth process, any medical interventions related to the event, and subsequent treatments.
- Once sufficient evidence is collected, our attorney will file the lawsuit against the responsible parties. Most cases are settled out of court through negotiations, aiming for fair compensation without the need for a trial.
- If a settlement cannot be reached, the case may proceed to trial. We will represent you, presenting evidence and arguments to seek justice for your child.
What is Erb’s Palsy?
Erb’s palsy, also known as Erb-Duchenne palsy, is a birth injury that occurs when the nerves of the arm, specifically the brachial plexus, are damaged due to inappropriate handling during delivery. This brachial plexus injury affects the control of extremity and hand movement.
This type of injury often results from excessive pulling or stretching of the baby’s head and shoulders during a difficult birth, especially in cases of shoulder dystocia.
The main symptoms of Erb’s palsy include weakness or paralysis in one arm, lack of muscle control or movement of the arm, hand, or wrist, and loss of sensation in the affected limb.
While some infants recover fully with therapy, others may experience permanent damage such as persistent weakness, limited range of motion, and abnormal muscle contractions.
Our Case Results
At our firm, we are proud of the positive results we have achieved for our clients. With extensive experience in handling cases involving medical errors and inadequate medical treatment, we have successfully delivered justice to those affected. For example:
- We obtained a $1.5 million settlement for a child with Erb’s Palsy injury.
- We secured a $2.5 million settlement for a family whose child suffered a birth injury due to medical negligence during delivery.
- Our team achieved a $3 million settlement for a patient who endured severe complications following a surgical error.
Visit our Case Results page to learn more about the impactful work we have done and the justice we have secured for those we represent
Meet Your Baltimore Erb’s Palsy Attorney
If you believe you have been a victim of Erb’s palsy medical malpractice and need assistance with your lawsuit, don’t hesitate to reach out to me for a free consultation.
I am an experienced Erb’s palsy attorney in Baltimore, and I’m eager to provide the guidance and support you need.
Take the first step toward securing the compensation you deserve.
How to Get in Touch With Us
We make it easy for you to connect with us:
- Telephone: Call us directly at 443-331-2686.
- Contact Form: Fill out our online form.
- Email Address: Reach us at frank@frankspectorlaw.com.
We offer a free consultation to discuss your case, answer your questions, and outline your legal options. Don’t wait—get the expert support you need today.
Need an Erb’s Palsy Attorney in Baltimore to File Your Lawsuit? Get a Free Case Review
If your child has been affected by Erb’s Palsy or any similar birth injury case due to medical negligence, it is vital to seek legal advice to explore your options.
Legal action will provide the necessary financial support for medical care and rehabilitation, helping your child have better treatment and possibly prevent sequels from this potentially devastating injury.
Frank Spector has over 30 years of experience representing victims of medical malpractice, including families affected by Erb’s palsy.
His knowledge and compassion are dedicated to securing the justice and compensation you deserve. Frank is here to help you every step of the way.
Don’t handle this challenging path alone. Contact Frank today for a free consultation and let him help you understand your legal options and build a strong case, especially if it involves Erb’s palsy.
With a proven track record of success and compassionate advocacy, our firm is here to support you. Contact us and start your journey toward justice today.