Understanding Erbs Palsy

Erb’s Palsy affects one or two of every 1,000 babies in America and is often caused when an infant’s neck is stretched to the side during a difficult delivery.

This injury can occur as a result of medical negligence during childbirth, such as the use of excessive force during a difficult delivery or a failure to perform a necessary cesarean section. The symptoms can vary in severity but often include:

  • Lack of muscle control and feeling in the arm or hand
  • Partial or complete paralysis of the arm
  • Arm bent at the elbow and held against the body
  • Decreased grip strength in the hand of the affected side

The impact of Erb’s Palsy on a child’s life can be profound, affecting their ability to perform basic tasks and participate in normal childhood activities. It can also place a significant emotional and financial burden on families as they navigate ongoing medical care and therapy.

In Indiana, medical professionals are held to a high standard of care. According to Indiana Laws, a healthcare provider who fails to meet this standard and causes injury to a patient may be held liable for medical malpractice.

If your child has been diagnosed with Erb’s Palsy and you believe it was due to medical negligence, you may have a valid legal claim, and we can help you seek justice.

Your Rights Under Indiana Law

Navigating through the complex legal landscape of medical malpractice can be challenging, particularly when dealing with the emotional and physical toll of a child’s Erb’s Palsy diagnosis.

But even in such a difficult time, understanding your rights under Indiana law is an essential part of the process of claiming fair compensation. According to the characteristics of your case, you can file a lawsuit and receive the economic relief your family needs to recover.

Right to File a Medical Malpractice Claim in Indianapolis

In Indiana, parents are entitled to file a medical malpractice claim if they believe their child’s Erb’s Palsy was caused by medical negligence.

Instances of negligence can include errors during delivery, such as excessive force on the baby’s neck or failure to perform a C-section in a high-risk situation.

The Statute of Limitations for Erb’s Palsy Cases

According to the Indiana Medical Malpractice Act, typically, you have two years from the date of the incident to file a claim. This statute of limitations is crucial as any lawsuit attempted after this period may be dismissed by the court.

There are, however, some exceptions to this rule. If the injury could not have been reasonably discovered within two years, a lawsuit may still be viable. This discovery rule can extend the time for filing a lawsuit, reflecting the understanding that certain injuries or harm may not be immediately apparent.

Right to Compensation

In the wake of a successful claim, you are entitled to seek compensation for damages you’ve suffered. This right, deeply rooted in our legal system, is designed to ensure that victims of negligence are not left to bear the financial burden alone.

The damages for which you can seek compensation include:

  • Medical expenses
  • Ongoing care costs
  • Pain and suffering
  • Other related expenses

The amount of compensation is unique to each case, reflecting the specific circumstances and hardships endured.

How Our Erbs Palsey Lawyers in Indianapolis Can Help

We understand that every birth injury case is unique and complex, and not all birth injuries are a result of medical negligence. It’s also possible that more than one party could be responsible for the injury. We are here to help you throughout the entire process to:

1. Detailed Investigation

We conduct a thorough investigation into the circumstances of your child’s birth. This involves determining whether medical negligence occurred and identifying all parties who may be responsible. We understand that accountability may not rest with a single individual or entity, and we are committed to uncovering all potential sources of liability.

2. Evidence Gathering and Analysis

We gather and analyze all relevant medical records and other evidence. This includes any information that could help establish a link between the actions (or inactions) of the responsible parties and your child’s injury.

3. Expert Consultation

We consult with medical experts to gain a deeper understanding of your case. These experts can provide crucial insights into whether the standard of care was breached and how this may have contributed to the injury.

4. Determining Responsibility

One of the most critical aspects of a birth injury case is determining who is responsible. Our attorneys have the expertise to navigate this complex process, ensuring all responsible parties are held accountable.

5. Filing an Injury Claim

Once we have identified the responsible parties, we can help you file an injury claim. This is a crucial step in seeking the compensation you deserve.

6. Negotiation with Insurance Companies

We are experienced in negotiating with insurance companies, advocating for a settlement that truly reflects the extent of the damages you’ve suffered.

7. Court Representation

If your case goes to court, our experienced lawyers are prepared to represent you. We will present a compelling case, ensuring your voice is heard and your rights are upheld.

The primary goal of Christie Farrell Lee & Bell is to help you seek the justice and compensation you deserve. We are here to shoulder the legal burden, allowing you to focus on the well-being and recovery of your child

If your child has been diagnosed with Erb’s Palsy and you believe medical negligence is to blame, don’t hesitate to contact us for a free consultation. Please ask for our attorney, Tina Bell, who is our experienced and compassionate lawyer who can help.  Our team of lawyers for Erbs Palsy cases in Indianapolis is here to help you seek the justice and compensation your family deserves. We charge no fee unless we win.