Brachial plexus palsy is a muscle weakness that causes loss of movement in the shoulders, arms, hands, or fingers. In general, these types of conditions are created at the time of childbirth because the person receiving the baby stretches their neck. Erb’s palsy is one form of a brachial plexus injury.
Although many babies can recover from this condition with physical therapy, victims and their families often have a terrible time in the process. Families will also spend a lot of money on all the treatments. Thus, if a health care provider was negligent in your delivery, a Gaithersburg Erb’s palsy attorney can help you seek justice.
Causes of Erb’s Palsy
Although Erb’s palsy can occur for many reasons, medical negligence is usually one of the most common causes, explains the National Institute of Health. This condition is a result of the lack of monitoring when the baby is in the mother’s womb, incorrect use of medical instruments, improper practices, or ignorance of the area.
However, here are the most common causes of this condition:
- Instruments: Complications can be present in natural births. This causes difficulties for the mother to push, requiring extraction instruments such as forceps or vacuum. However, the doctor must be trained to use these instruments since they are often risky.
- Breech birth: Babies are usually born headfirst, but sometimes, labor becomes complicated, and a movement causes the baby to be born feet first. The doctor must be cautious and effective to avoid choking the baby or causing neck, arms, and shoulder damage in these situations.
- Excessive force: When delivery becomes complicated, certain options must be explored in a short time. Some doctors use excessive force to deliver the baby as soon as possible, but this can harm them.
Regardless of the reason, your baby suffered a birth injury, and a doctor’s negligence was the main factor. That is why it is necessary to seek justice.
Get in touch with a erb's palsy injury lawyer serving Gaithersburg, 410-547-0202 for a free case evaluation.
Can You Get Compensation for Your Damages in a Birth Injury Case?
Birth injury and personal injury cases are different all the time. Ideally, an experienced Erb’s palsy attorney will review all the information related to your case to determine the type of compensation you can obtain. However, if your case goes through, the most common compensation damages you can get are:
- Pain and suffering: These encompass all suffering and harm to the victim and their parents caused by the negligent acts of a health care provider.
- Medical expenses: This covers everything related to the costs of ambulance rides, treatments, physical and mental therapies, medical equipment, medications, hospital bills, and future expenses.
- Lost income: If you miss work to care for your child, lost wages and potential future income could be recovered.
- Punitive damages: If this is decided in court, the health care provider will pay more for your negligent acts to add more punishment and prevent them from doing the same things in the future.
- Other damages: Malformations in the body can seriously affect a person’s state of mind and their relationship with others, which is why certain aspects can also be covered, such as the enjoyment of life or the decrease in the possibility of doing some activities.
After a birth injury, both the baby and their parents suffer the consequences of the negligent acts of the doctor. While the money won’t change the fact that an unacceptable act was committed, it can help ease the financial stress of paying all those medical bills.
Time Limit to File a Birth Injury Lawsuit in the State of Maryland
The Statute of Limitations in the United States regulates the time limit in which a person can file a personal injury claim or lawsuit. The purpose of this statute is to use evidence that is still fresh, like memories of the people who can provide testimony.
The statute may vary depending on the case, the severity of the injuries, and the state in which the actions were committed. In Maryland §5-109, the maximum time to file a claim is five years for medical malpractice, or three years from the day the injury was discovered, whichever is shorter.
Birth and personal injury victims often don’t realize they have health problems, and by the time they decide to file a lawsuit, it’s already too late. You must act as soon as you can if you believe something went wrong with the delivery of your baby.
How Can a Gaithersburg Erb’s Palsy Attorney Help You?
A Gaithersburg Erb’s palsy attorney can take care of all the legal processes of your case to get justice and monetary compensation, by:
- Submitting a claim or lawsuit before the competent institutions
- Reviewing all the information about your case with the hospital
- Establishing conversations with the at-fault party’s attorneys
- Collecting expert testimony and evidence of your case
- Reaching an agreement with the responsible person
- Taking your case to trial and defend your rights and interests if necessary
Dealing with a birth injury claim is not easy, which is why it is necessary to have the support of an experienced attorney. Leave all the complexities of a legal process to your Erb’s palsy attorney and focus only on your family.
Start Working with an Erb’s Palsy Attorney in Gaithersburg Now!
By working with the legal offices of Brown & Barron, you can begin your free case review process. If we confirm that you have a solid case, we will take care of everything else, always considering your opinion to ensure your best interests.
Contacting an Erb’s palsy attorney from our law offices is your best option to bring the culprit to justice.
Contact Brown & Barron online today to schedule a free case review with a with a erb's palsy injury lawyer serving Gaithersburg.