Florida Erb’s Palsy Lawyer

When a child is diagnosed with Erb’s Palsy, it’s a life-changing moment for families, often leading them to seek answers and justice if the injury is believed to be caused by medical negligence. In Florida, families affected by birth injuries such as Erb’s Palsy have legal options. This guide offers an in-depth look at the condition, when to seek legal help, and how to navigate the lawsuit process with the assistance of an experienced Florida Erb’s Palsy lawyer.

Understanding Erb’s Palsy and Birth Injuries

What is Erb’s Palsy?

Erb’s Palsy is a type of brachial plexus injury that impacts the movement and function of the arm. The condition occurs when the brachial plexus nerves, located between the neck and shoulder, are damaged during birth. This injury can result in limited arm function, muscle weakness, and in severe cases, partial paralysis. While some cases may resolve over time, others may require surgery, therapy, or ongoing care.

Causes and Risk Factors for Erb’s Palsy in Newborns

Erb’s Palsy commonly occurs during difficult deliveries, particularly when there are complications with the baby’s shoulder, known as shoulder dystocia. Risk factors include:

• Use of excessive force during delivery
• Large infant size or a small maternal pelvis
• Improper handling of shoulder dystocia cases
• Use of delivery tools like forceps or vacuum extractors

Medical professionals are trained to handle these situations safely, so when Erb’s Palsy occurs due to medical negligence, families may be entitled to compensation.

When to Seek Legal Help for Erb’s Palsy

Identifying Signs of Medical Negligence

Medical negligence occurs when a healthcare provider fails to meet the standard of care expected, resulting in injury to the patient. In Erb’s Palsy cases, this could mean improper handling of delivery complications, such as excessive pulling on the baby’s head or neck. If a parent suspects that the birth injury could have been prevented with appropriate medical care, it’s crucial to seek legal guidance.

How a Florida Birth Injury Attorney Can Help

A Florida birth injury attorney with experience in Erb’s Palsy cases can:

• Investigate the incident to determine if medical negligence occurred
• Collect and analyze medical records and other evidence
• Consult with medical experts to build a strong case
• Guide families through the legal process, from filing a claim to pursuing compensation

Hiring an attorney allows families to focus on their child’s recovery while a professional handles the legal complexities.

Filing an Erb’s Palsy Lawsuit in Florida

The Process of an Erb’s Palsy Claim

Filing a lawsuit for Erb’s Palsy involves multiple steps, each requiring careful attention to detail:

• Initial Consultation: The attorney will review the case to assess the possibility of medical negligence.
• Investigation: Medical records are obtained, and experts are consulted to determine if the injury could have been prevented.
• Filing the Claim: A legal complaint is filed against the responsible parties, outlining the negligence and injuries suffered.
• Pre-Trial Process: Both sides gather evidence, which may include depositions and expert testimonies.
• Settlement or Trial: Many cases are resolved through settlements, but some may proceed to trial if a fair agreement cannot be reached.

Required Documentation for Birth Injury Cases

To build a strong case, families should provide:

• Medical records from prenatal care to delivery
• Documentation of the child’s Erb’s Palsy diagnosis and treatment
• Expert testimonies from medical professionals
• Evidence of the impact on the child’s and family’s quality of life

An experienced attorney can help organize these documents, ensuring the case is as strong as possible.

Compensation for Erb’s Palsy Caused by Medical Malpractice

Types of Compensation Available

When Erb’s Palsy results from medical negligence, families may pursue compensation for:

• Medical Costs: This includes expenses for surgery, physical therapy, and future medical care related to Erb’s Palsy.
• Pain and Suffering: This covers the physical and emotional toll of the injury on the child.
• Loss of Future Earnings: If Erb’s Palsy affects the child’s ability to work in the future, families may seek compensation for lost earning potential.
• Specialized Care and Equipment: Compensation may cover costs associated with assistive devices, home modifications, and other necessary support.

Calculating Potential Damages in Erb’s Palsy Cases

Each case is unique, so compensation varies based on factors like the severity of the injury and its impact on the child’s life. A skilled child injury attorney will evaluate the case details to calculate damages accurately and advocate for the maximum compensation possible.

Choosing the Right Florida Lawyer for Your Erb’s Palsy Case

Key Qualities to Look for in a Florida Erb’s Palsy Lawyer

When seeking a lawyer to represent your family, look for someone with:

Experience in Birth Injury Cases
Attorneys specializing in birth injuries are well-versed in the unique legal and medical aspects of these cases, ensuring a knowledgeable approach to your situation. Their experience enables them to anticipate potential challenges and effectively advocate for your family’s rights.

Empathy and Support
Choose a lawyer who demonstrates compassion and can connect with the emotional struggles families face in birth injury cases. A supportive attorney not only provides legal guidance but also serves as a source of reassurance during a difficult time.

Proven Track Record
Look for a lawyer with a history of achieving positive outcomes in similar birth injury cases, as this reflects their ability to handle complex cases effectively. A strong track record in winning settlements or verdicts can provide confidence in their capability to seek fair compensation for your child’s injury.

Questions to Ask Your Attorney Before Hiring

To ensure the attorney is a good fit, consider asking:

• “How many Erb’s Palsy cases have you handled?”

• “What is your approach to cases involving medical negligence?”

• “Can you provide examples of settlements or verdicts in similar cases?”

• “How long do you expect the case to take?”

These questions help gauge the attorney’s expertise, approach, and commitment to supporting your family’s needs.

Frequently Asked Questions About Erb’s Palsy Lawsuits in Florida

What are the most common causes of Erb’s Palsy in newborns?
Erb’s Palsy is often caused by excessive force during delivery or improper handling of shoulder dystocia. Factors like large baby size and difficult labor may increase risk.

How long do I have to file an Erb’s Palsy lawsuit in Florida?
Florida has a statute of limitations for medical malpractice cases, typically requiring filing within two years of discovering the injury. Consulting an attorney early ensures timely action.

What types of compensation can we pursue in an Erb’s Palsy case?
Families can seek compensation for medical expenses, pain and suffering, future lost earnings, and the costs of specialized care.

How can I determine if medical negligence caused my child’s injury?
An experienced attorney can investigate the circumstances of the birth and work with medical experts to identify any potential negligence.

What steps are involved in filing a lawsuit for birth injuries?
Filing involves consultation, investigation, claim filing, evidence gathering, and potentially a settlement or trial, each requiring professional legal assistance.

Contact Rafferty Domnick Cunningham & Yaffa Today

If your child’s Erb’s Palsy was caused by medical negligence, you don’t have to face the legal process alone. A Florida Erb’s Palsy lawyer can help you navigate the complexities of filing a lawsuit, gathering evidence, and securing the compensation your family deserves.

Take the first step by consulting with an experienced attorney who understands birth injury cases and is ready to stand by your side. Contact Rafferty Domnick Cunningham & Yaffa today to discuss your options and begin the journey toward justice and support for your child.