Chicago Erb's Palsy Lawyer
Did your baby suffer birth injuries that caused Erb’s palsy? Your child’s condition may have been preventable. If the injury was caused by mistakes that were made by your medical team, your family may be entitled to substantial compensation.
Contact Ankin Law right away to find out if you have a medical malpractice claim. Our Erb’s palsy lawyers will review medical records and consult with experts to uncover the cause of your baby’s injuries.
- Our lawyers are available 24/7
- We have over 100 years of combined experience
- Our law firm offers FREE consultations
- We’ll come to you if you can’t come to us
- We won’t charge you any attorney fees unless we win your case
Call our Erb’s palsy lawyers at (312) 600-0000 for a FREE consultation.
Table of Contents
What Is Erb’s Palsy?
Erb’s Palsy, also known as brachial plexus birth palsy or Erb-Duchenne palsy, is a condition characterized by paralysis or weakness in the arm due to injury to the brachial plexus, a network of nerves that control movement and sensation in the shoulder, arm, and hand. This injury typically occurs during childbirth. It is often a result of excessive stretching or pulling of the baby’s head and neck during delivery. The condition is particularly common in cases of shoulder dystocia, where the baby’s shoulder becomes lodged behind the mother’s pubic bone.
Symptoms of Erb’s Palsy
Infants with Erb’s Palsy may exhibit symptoms such as the inability to move or control the affected arm, weakness, lack of muscle control, and limited range of motion. The severity of Erb’s Palsy varies, ranging from mild cases where function gradually improves, to more severe cases requiring surgical intervention and ongoing therapy.
Treating Erb’s Palsy
Treatment for Erb’s Palsy typically involves physical therapy to improve muscle strength and range of motion, occupational therapy to develop fine motor skills, and in some cases, surgery to repair or reconstruct damaged nerves or muscles. Early intervention is crucial for maximizing recovery and improving long-term outcomes for children with Erb’s Palsy. Prompt treatment can help prevent complications and promote optimal development of the affected arm and shoulder.
Can You Sue for Erb's Palsy?
You can sue for Erb’s Palsy if the condition was caused by medical negligence or malpractice during childbirth. Erb’s Palsy often occurs when excessive force or trauma is applied to the baby’s shoulder or neck during delivery, particularly in cases of shoulder dystocia. Medical professionals have a duty to provide a standard level of care during childbirth to ensure the safety of the mother and the baby.
If negligence, such as improper delivery techniques or failure to recognize and address risk factors for shoulder dystocia, leads to Erb’s Palsy, legal action may be pursued.
To sue for Erb’s Palsy, the following elements typically need to be established:
- Duty of Care: The healthcare provider owed a duty of care to the mother and baby during childbirth to follow accepted medical standards and protocols.
- Breach of Duty: The healthcare provider breached this duty of care by failing to adhere to standard medical practices, such as using excessive force during delivery or failing to recognize and appropriately respond to signs of shoulder dystocia.
- Causation: The breach of duty directly caused or significantly contributed to the development of Erb’s Palsy in the baby.
- Damages: The baby suffered physical and/or emotional harm as a result of Erb’s Palsy, which resulted in medical expenses, pain and suffering, loss of enjoyment of life, and other damages.
Successful lawsuits for Erb’s Palsy can result in substantial compensation for damages incurred due to the injury. These damages may include medical expenses associated with the treatment of Erb’s Palsy, future medical costs, physical therapy expenses, adaptive equipment, pain and suffering, emotional distress, and loss of future earning capacity if the condition significantly impairs the child’s ability to work.
It’s essential to consult with medical malpractice attorneys experienced in birth injury cases to evaluate the circumstances surrounding the development of Erb’s Palsy and determine the viability of a lawsuit. Legal professionals can guide families through gathering evidence, navigating complex legal procedures, and advocating for fair compensation to address the long-term needs of children affected by Erb’s Palsy.
Medical Staff Liability in Erb’s Palsy Cases
In Erb’s Palsy cases, medical staff liability is a critical consideration when determining responsibility for the injury. Medical staff, including obstetricians, nurses, and attending physicians, owe a duty of care to the mother and the newborn during childbirth. This duty includes adhering to accepted medical standards and practices to minimize the risk of birth injuries like Erb’s Palsy.
Medical staff may be held liable for Erb’s Palsy if their actions or inaction constitute negligence during delivery.
Examples of medical staff negligence contributing to Erb’s Palsy include:
- improper use of delivery instruments,
- failure to recognize signs of fetal distress or shoulder dystocia, or
- excessive force applied during delivery maneuvers.
Medical staff must possess adequate training and expertise to handle complications that may arise during childbirth, such as shoulder dystocia. Failure to respond promptly and appropriately to signs of fetal distress or difficulty in delivery can result in preventable birth injuries like Erb’s Palsy.
In Erb’s Palsy cases, determining medical staff liability involves a thorough investigation of the circumstances surrounding the injury, including reviewing medical records, consulting with expert witnesses, and assessing whether the standard of care was met during delivery. If medical negligence is established, healthcare providers may be held accountable through medical malpractice claims.
Call our Erb’s palsy lawyers at (312) 600-0000 FREE consultation.
How Can an Erb’s Palsy Lawyer in Chicago Help?
Our Erb’s Palsy lawyers in Chicago play a crucial role in assisting families in taking legal action for birth injuries. We have over 100 years of combined experience representing families in medical malpractice and birth injury cases, and we offer invaluable resources and support throughout the litigation process.
Firstly, our Erb’s Palsy lawyers will assess the details of your case, including the review of your medical records, to determine the viability of a lawsuit. We’ll work closely with medical experts to evaluate the actions of your healthcare providers during childbirth and ascertain whether negligence contributed to your baby’s injury.
Additionally, our Erb’s Palsy lawyers will navigate complex legal procedures to ensure you comply with the statute of limitations and court requirements. We’ll handle all aspects of the legal process on your behalf, including filing legal documents, conducting depositions, and representing your family in court proceedings.
Our lawyers serve as advocates for families like yours who have been affected by Erb’s Palsy, fighting to secure fair compensation. Your settlement or jury verdict award may cover your child’s medical expenses, ongoing therapy costs, pain and suffering, and other damages incurred due to the birth injury.
Our Erb’s Palsy lawyers will also provide you with invaluable emotional support and guidance during this stressful time. We offer compassionate counsel, ensuring that families feel supported and informed throughout the legal proceedings.
How to Sue for Erb’s Palsy
Suing for Erb’s Palsy involves several key steps. Understanding what to expect as your case progresses can increase your chances of success with your medical malpractice lawsuit.
Consultation With a Lawyer
The first step is to consult with a lawyer who is experienced in medical malpractice and birth injury cases, particularly someone with experience handling Erb’s Palsy lawsuits. Your lawyer will assess the details of your case, review medical records, and determine the viability of taking legal action.
Evaluation of Medical Records
Your lawyer will conduct a thorough review of the medical records related to the childbirth and the development of Erb’s Palsy. This evaluation helps identify instances of medical negligence or malpractice that may have contributed to the injury.
Establishment of Negligence
To file a successful lawsuit, it’s crucial to establish that the healthcare providers involved in the childbirth breached the standard of care expected in similar circumstances. This may involve demonstrating errors in delivery techniques, failure to recognize signs of fetal distress, or improper response to complications like shoulder dystocia.
Your attorney will gather evidence to support your claim of medical negligence. This may include expert testimony from medical professionals familiar with Erb’s Palsy cases, witness statements, and other relevant documentation.
Filing the Lawsuit
Once the evidence is gathered and a case is prepared, the lawyer will file a lawsuit on your behalf, naming the healthcare providers and medical facilities as defendants. During the discovery phase, both parties exchange information and evidence related to the case. This may involve depositions, interrogatories, and requests for documents. Your lawyer may enter into negotiations with the defendant(s) to reach a settlement agreement before going to trial. Your attorney will advocate for fair compensation, taking into account your child’s medical expenses, ongoing care needs, pain and suffering, and other damages.
Frequently Asked Questions About Erb’s Palsy Cases
Who is to blame for Erb’s palsy cases?
In Erb’s Palsy cases, blame often falls on healthcare providers who may have failed to adhere to accepted medical standards during childbirth. Obstetricians, nurses, and attending physicians can be held responsible if their actions or negligence, such as improper delivery techniques or failure to respond to signs of fetal distress, contribute to the injury. Determining liability requires a thorough investigation of the circumstances surrounding the childbirth and the development of Erb’s Palsy.
How much does an Erb’s palsy attorney cost?
The cost of hiring an Erb’s Palsy attorney varies. Our attorneys work on a contingency fee basis. We only collect a percentage of the compensation awarded if your case is successful. Initial consultations at our law firm are free. Legal costs may include court fees, expert witness fees, and other expenses, deducted from the final settlement.
Does Erb's palsy qualify for disability?
Erb’s Palsy can qualify for disability benefits depending on the severity of the condition and its impact on daily functioning. Disability requires medical documentation of the impairment’s extent and limitations. Individuals with severe cases of Erb’s Palsy that significantly hinder their ability to work or perform daily activities may qualify for disability benefits, but each case is evaluated individually based on specific criteria.
What Our Clients Say About Us
From start to finish Ankin Law went above and beyond. I was grateful for the time and energy put into my case. As well as the level of communication regarding the process. I was always kept informed and my questions were always thoroughly answered. Moreover, Maria Merriman, Attorney at Law., was my attorney and she is amazing! Talk about Woman empowerment, she not only was extremely knowledgeable but was passionate and committed to an equitable outcome. Her negotiation skills were superb, as she was able to reduce medical fees a tremendous amount, I’d estimate she cut them by more than 80%. I felt that she was on my team. I would never want to end up in a situation like this again but if I did, I’d choose Ankin Law and Maria!
Helpful Resources From Our Chicago Erb’s Palsy Attorneys
Even slight oxygen deprivation during childbirth can lead to severe, lifelong conditions, or even fatality. Birth asphyxia, when a baby’s brain and organs lack oxygen before, during, or after birth, can result in significant, long-term health issues, including brain damage. Brain damage due to oxygen deprivation increases the risk of epilepsy, autism, dyspraxia, and cerebral palsy. Families affected by negligent medical care can seek legal recourse. A Chicago birth asphyxia attorney helps families understand their rights and pursue medical malpractice claims against liable parties, seeking compensation for their losses.
Children with disabilities may qualify for Social Security disability benefits under specific circumstances outlined in Section 1614(a)(3)(A) of the Social Security Act. This provision allows for the payment of supplemental security income (SSI) benefits to children with impairments comparable to those that would disable adults. SSI provides monthly payments to individuals meeting income and asset criteria.
To qualify, a child must meet specific requirements, including limitations on income, severe functional limitations due to physical or mental conditions, and expected disability duration. When disabled children turn 18, they must reapply for benefits, which may change.
Medical errors can lead to severe consequences or even fatalities, particularly when caused by negligence. Patients enduring illnesses, disabilities, or deaths due to medical malpractice have the right to file claims for compensation against the negligent party.
Medical malpractice arises when healthcare providers deviate from the accepted standard of care, leading to patient harm. To prove malpractice, four factors are crucial: failure to provide proper care, breach of duty, harm caused by the breach, and resulting damages.
Common types of malpractice include misdiagnosis, treatment delays, and surgical errors. For birth injuries like brachial plexus injuries, negligence during childbirth is often the cause.
Identifying warning signs such as unexplained risks, ineffective treatment, or dismissive doctors can indicate potential malpractice. Suspected negligence necessitates consultation with a malpractice attorney, who can help gather evidence, including medical records and expert opinions, crucial for litigation success.