Erb’s palsy is a neurological condition involving nerve damage in the shoulder and arm. This condition is most common in babies right after birth. If your child has Erb’s palsy, it may be the result of negligent care by a medical provider, such as an OB-GYN. Your family should be celebrating your new addition, but instead, you’re worried about your child’s future and well-being.
No family should have to deal with the effects of medical malpractice alone, and our Orlando Erb’s palsy attorneys are here to help you fight back. The team at Freidin Brown, P.A. has over 100 years of combined experience, and we want to put this experience to work for you. We’re ready to hold negligent providers accountable for your child’s harm, so call for a free consultation. Let our Orlando birth injury lawyers help you today.
Erb’s Palsy Can Cause Significant Harm to Babies and Their Families
Erb’s palsy, also called brachial plexus palsy, can have a wide range of severity. This condition, thankfully, is not fatal. Many children make significant recoveries from these injuries, but it can require a lot of medical attention months and years after birth. Some children could, however, have some level of disability for their entire lives.
The physical, emotional, and financial harm caused by medical malpractice can leave families overwhelmed and struggling for months and years to come. If you work with Freidin Brown, P.A., we fight for full compensation for losses that include:
Medical Expenses
Medical bills are a significant expense in medical malpractice claims, including Erb’s palsy cases. Your child may need surgical intervention months or years from now to treat their nerve injuries, and then physical therapy and other rehabilitation services. Our firm will seek the costs of all current and expected medical expenses by working with medical experts who can assess your child’s medical needs.
Pain and Suffering
Erb’s palsy symptoms can be distressing for parents and the child, and dealing with the mental and emotional anguish of this diagnosis for a whole life is a lot to bear. Our lawyers believe in fighting for emotional damages to acknowledge the difficulties your family is dealing with, and will have to deal with in the future.
Home and Travel Costs
Sometimes, children with Erb’s palsy may need to travel to get care. Expenses for flights, hotels, rideshare, or gas add up quickly, and our lawyers may be able to seek recompenses for these and other costs.
Additionally, you may need to hire in-home medical care to help you care for your child, or you may need to modify your home to accommodate your baby’s current and future needs. Whatever costs you have that are the result of your child Erb’s palsy, our Orlando birth injury team will pursue these damages on behalf of your family.
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Orlando Erb’s Palsy Attorneys Provide Valuable Services to Injured Parties
Medical malpractice cases, especially those involving birth injuries, can be extremely complex. Many firms are not equipped to take on these cases, or they do not know how to deliver satisfactory results. But that’s not the case for the Orlando personal injury lawyers at Freidin Brown, P.A. For over 45 years our team has helped medical malpractice victims fight for compensation that addresses their losses and pain.
If you work with our firm, you can expect our team to:
- Offer a contingency fee arrangement: No one should have to suffer the consequences of another party’s negligence because they could not afford legal care. You only pay our team a percentage of your settlement or verdict if we are successful.
- Secure various experts to support your claim: Medical professionals, life care planners, and economists are some of the experts we can retain. These parties help us establish liability and damages.
- Gather evidence of malpractice: You have enough to worry about without tracking down evidence, so our firm will take on this task, too. Medical records, eyewitness accounts, and expert testimony are just some of the forms of proof we can use to support your case.
- Manage communications with hospitals, defense lawyers, and insurance companies: Your family has enough to deal with right now, and you shouldn’t have to field calls and mail from insurance companies. Our Erb’s palsy attorneys will take over all communications, giving your family privacy and time to recover.
- Establish liability: Determining who is at fault and which parties owe you compensation can be complex, and our firm is ready to take over this task.
- Negotiate for a settlement: In our decades of handling malpractice claims, we’ve been able to secure many victories through negotiations. We can work with the other party to come up with a settlement that addresses all your economic and non-economic losses.
- Take your case to trial: Some cases must go beyond negotiations. Our trial-tested attorneys will not hesitate to take your case in front of a jury if that is the best possible option for obtaining fair damages for your family.
When our firm takes on cases, we make sure at least two of our attorneys are overseeing strategy sessions and case development. We believe in having unique perspectives backed by decades of experience, making sure our clients are set up for success. With millions of dollars won for other clients, we’re confident in our abilities to fight for fair compensation on your behalf.
Common Questions Parents Have About Erb’s Palsy Cases
What Are the Symptoms of Erb’s Palsy?
After your child’s birth, your life is probably a whirlwind. You have a new life to take care of, and there’s a lot you and your family must juggle. It’s easy to miss signs of Erb’s palsy, but make sure you contact a doctor as soon as possible if you notice:
- Your baby’s head tilts to one side
- One of your child’s arms is in a different position when compared to the other arm
- Your baby does not move one of their arms, or their elbow is stiff and does not contract
- Your child does not have a strong grip in one of their hands
- Signs of pain when you touch your baby’s arm, neck, or shoulder
These are just some potential signs of this injury, so make sure you mention all your concerns to a medical provider. Don’t be afraid to seek a second opinion, either. If you believe a form of malpractice caused your child’s brachial plexus injury, don’t hesitate to call us for a free consultation.
What Are Some Examples of Negligence in an Erb’s Palsy Case?
Negligence is a very important concept in medical malpractice cases. Not every instance of Erb’s palsy is evidence of negligent medical care, and it can be difficult to prove negligence. That’s why a medical malpractice attorney can be a valuable ally for parents looking for damages. We can determine if the provider breached the standard of care during delivery and if your baby’s harm is related to the provider’s actions.
Potential examples of negligence that cause Erb’s palsy include:
- Improper use of birth tools, like forceps
- Excessive force during delivery
- A failure to account for a baby’s large birth weight during delivery
- Breech births and a provider’s failure to safely manage this delivery
- Delayed C-sections
Providers should monitor fetal and maternal health conditions that can contribute to conditions that result in Erb’s palsy. When providers act negligently or even fail to take certain actions, they could be liable for harm.
Who is Liable for an Orlando Erb’s Palsy Malpractice Case?
Many parties could be responsible for your child’s birth injuries, including:
- OB-GYNs and other physicians
- Labor and delivery nurses
- Midwives
- Hospitals and medical groups
When reviewing your case, our team will work to identify any and all liable parties.
When Should I Sue for Medical Malpractice in Orlando?
If an Orlando provider’s negligence caused your baby’s Erb’s palsy, you have a limited time to act. Florida Statutes § 95.11 determines how long victims of medical malpractice have to file a lawsuit to seek damages. Some circumstances, like the age of the victim, can alter this deadline.
Missing the statute of limitations can prevent you from seeking damages for your child. The sooner you can reach out to our team, the sooner we can get to work on your case and preserve your right to seek damages from the negligent party.
What Is My Child’s Malpractice Case Worth?
It’s difficult to give an estimate on what a birth injury case could pay out, as no two cases are alike. There are many factors to consider when pursuing damages, and our team considers questions like:
- What medical expenses does your family currently have? What expenses and needs do your doctors expect?
- How severe is your child’s nerve damage?
- How will Erb’s palsy affect your child’s quality of life?
- What are the intangible impacts of this birth injury on your child and your family?
Our Orlando Erb’s palsy lawyers will consider these and other questions when assessing your birth injury claim.
Call Our Orlando Birth Injury Team for Help With an Erb’s Palsy Claim
When a provider’s actions cause harm, you may be able to take legal action. The Orlando Erb’s palsy attorneys at Freidin Brown, P.A. are dedicated to helping fight for full compensation, so do not hesitate to call us.
We offer free initial consultations, and we can take your call 24/7. Don’t let a medical professional get away with harming your child—call now to speak to a member of our team.