Chattanooga Erb’s Palsy Lawyer
If your child was diagnosed with Erb’s Palsy and you suspect malpractice on the part of the attending physicians, then there is a chance that a Chattanooga Erb’s palsy lawyer could help you recover. Lawyers who understand the hardships ahead of you and your child. To have the finances available to address any future needs, contact a medical malpractice lawyer who could hold responsible parties accountable for their neglect.
What Is Erb’s Palsy?
Erb’s palsy is when one experiences arm paralysis because of injuries to the nerve in the arm. These injuries could impact either the nerves in the arm directly or in the spinal cord.
Erb’s palsy comes from damage to the brachial plexus and is usually caused during birth when a child is pulled or tugged by a physician or a delivery professional. The pulling or twisting of the child’s upper arm and shoulder area damages the brachial nerves causing damage to the arm.
Symptoms
Symptoms include pain as evidenced by the child wincing or the child does not move the arm normally. Even newborn infants are able to move their arms and legs. Sometimes, the child holds the arm close to their body with their elbow bent. The child may have trouble gripping on one side.
Benefits and Timelines to a Lawsuit
The benefits of filing a lawsuit for Erb’s palsy in Chattanooga are getting some justice for a child. When a doctor makes a mistake and the child suffers, the family is given compensation for that suffering. It is good for the family and also good for doctors to acknowledge and be held accountable for how they do their job.
A birth injury lawsuit usually takes about two years, more or less. However, the more complicated the case, the longer it takes. When there are more witnesses, medical records, and expert witnesses, that takes more time to schedule everything. Having several doctors or medical professionals involved who may be potential defendants makes the case take longer. When a case is simple and straightforward, it does not take as long. When a case settles early, that takes less time. The vast majority of cases are settled and very few Erb’s palsy cases go to trial.
Compensation for Families of Victims
Damages include the medical treatment the child needs including surgery, therapy, and medication. Damages are available for the pain the child experiences and for the mental anguish, fear, and the worry the parents have as a result of having an injured child.
Most Erb’s palsy cases resolve because they usually do not result in permanent injuries to the child. When it results in permanent injuries, and the parents’ child’s arm is never going to work correctly for the rest of his or her life, the child may have more damages including loss of opportunity, loss of earning capacity, and also the mental anguish of being different than everybody else. The victim may not be able to participate in life even as a child the way other children are able to, and that may cause embarrassment. For these reasons alone, it behooves parents of a child diagnosed with Erb’s palsy to speak with a lawyer in Chattanooga.
Evidence Required to Demonstrate Negligence
To prove negligence in a Chattanooga Erb’s palsy case, the lawyer must prove that the doctor put inappropriate force on the child and specifically around the child’s arm and shoulder area. The lawyer has to prove that the way the doctor did the delivery was wrong.
Witnesses are required unless the doctor admits he or she made a mistake. It could take multiple witnesses to prove the doctor did something wrong including expert witnesses to establish the standard of care, discuss what the doctor should have done, and establish the causation to the injuries the child actually received.
Speak to One of Our Dedicated Chattanooga Erb’s Palsy Lawyers Today
An experienced Erb’s palsy lawyer could help streamline your case and drastically increase the likelihood of success. An experienced Chattanooga lawyer understands how Erb’s palsy works, what causes it, and what the medical records mean to your case. Reach out today to begin a confidential consultation and work toward financial stability.
