A Shoulder Injury That Can Become Permanent
Erb’s palsy is a form of nerve damage and paralysis, typically caused by birth trauma, that can have long-term consequences for a child’s physical development. Medical professionals have a responsibility to take reasonable measures to avoid causing children to develop this condition. At the law firm of DeLuca & Associates, LTD in Providence, our experienced Rhode Island Erb’s palsy lawyers help parents pursue fair compensation for children who have developed Erb’s palsy due to birth injuries. To schedule a free consultation, contact us today.
Understanding How Malpractice Causes Erb’s Palsy
Erb’s palsy is most frequently the result of shoulder dystocia, a trauma that occurs during childbirth when there is difficulty delivering the shoulders. OB-GYNs and other childbirth professionals are trained to see the warning signs of this delivery complication.
A doctor who fails to take the appropriate steps to avoid or respond to shoulder dystocia during childbirth can be held legally accountable for the consequences of Erb’s palsy.
In many cases, doctors are able to predict the possibility of shoulder dystocia due to the large size of the fetus and avoid this complication by delivering early or by cesarean section. There are also steps doctors can take during delivery to minimize the likelihood of nerve damage.
Seeking Fair Compensation For Long-Term Consequences
A child who develops Erb’s palsy may require surgery or other medical intervention. Even temporary paralysis, when it occurs at such a crucial time in a child’s development, can have long-term consequences, including underdeveloped muscles and arthritis.
Helping Parents Obtain Justice For Their Children
At DeLuca & Associates, LTD. we have an in-depth understanding of both the medical and legal issues involved in Erb’s palsy cases. Don’t hesitate to contact us to discuss your child’s case with one of our attorneys. You can reach us online or call us at (401) 453-1500 toll free to schedule your free initial consultation. You will not pay us any fees unless we help you get compensation.
Erb’s Palsy FAQs
1. Do I need an Erb's palsy attorney?
It is essential to have legal representation in an Erb’s palsy case. This involves knowledge of both medical procedures as well as the law.
2. What do I need to have to file a claim in an Erb's palsy case?
The attorney at DeLuca & Associates, LTD. will obtain the information needed to file a lawsuit. This includes medical records, expert testimony, and current diagnosis and prognosis for the child’s recovery.
3. Could your child's Erb's palsy have been prevented?
This is a complicated question as several factors can be involved, including the position of the child at birth, natural complications during birth, or negligence or failure on the part of the delivering physician.
4. How can an Erb's palsy attorney help?
The Erb’s palsy attorney can review the medical information and case records and determine if there is a medical malpractice case. The attorney collects all necessary data, presents the case, obtains expert testimony, and works with the client during mediation, arbitration, and litigation.
5. When should I hire an Erb's palsy attorney?
Meeting with our Erb’s palsy attorney as soon as possible after the injury to the child is highly recommended.
6. How long will an Erb's palsy attorney work on my case?
The Erb’s palsy attorney represents the parent or parents through the legal process, including litigation if necessary.
7. What type of compensation could I receive?
Most infants with Erb’s palsy fully recover. The amount of compensation will depend on the severity of the damage and the recommended medical treatments and therapy in the future. In the case of a child with a permanent disability, the settlement reflects this long-term care and support requirement.
8. How much does an Erb's palsy lawyer cost?
At DeLuca & Associates, LTD., there is no cost for the consultation or representation by an Erb’s palsy attorney. We are paid on a contingency fee basis when you receive a settlement.
9. Who is allowed to file an Erb's palsy lawsuit?
The mother, parents, or in some cases, the grandparents or legal guardians may be entitled to file an Erb’s palsy lawsuit.
10. Are Erb's palsy settlements taxable?
Compensatory damages are not taxable, but any punitive damages are seen by the IRS as taxable income.