Jacksonville Erb’s Palsy Lawyer

Expectant parents may prepare for a new family member by preparing the nursery, building a crib, or installing the car seat in preparation for the trip home from the hospital. However, parents are not often prepared for the negligence of a doctor or other medical provider. Doctors can be negligent during pregnancy, during childbirth, or right after delivery, causing physical harm to the child. One possible outcome of this medical malpractice is a condition called Erb’s palsy.

If your child has developed this type of nerve injury after the negligence of a medical professional, our Jacksonville Erb’s palsy lawyers are here to get you justice. The legal team here at Freidin Brown, P.A. wants to help guide you through this difficult time, taking on the legal burdens so you can focus on the health of your child and your family. Please call us for a free consultation today. Our medical malpractice lawyers look forward to helping you.

How Does the Negligence of a Jacksonville Medical Professional Cause Erb’s Palsy?

Erb’s palsy is a form of nerve damage that impacts the brachial plexus. The brachial plexus is a group of nerves that start in the neck, upper back, and shoulder areas and travel down the arms. This nerve system allows us to lift and move our arms and perform fine motor skills by manipulating our hands and wrists.

Erb’s palsy, while not exclusively a birth injury, can and does happen to babies during delivery when the nerve is stretched or torn. The injury can have varying degrees of severity and can leave babies with weakened muscles and paralysis, sometimes for life. This injury can impact their physical abilities and quality of life for years to come.

Risk factors and causes of Erb’s palsy during birth and delivery include:

• Child weight and size
• Breech births
• Improper delivery methods or use of tools
• Longer labors

While not all of these factors amount to medical malpractice, sometimes the conditions that led to the child’s injuries are considered malpractice. For example, a doctor, midwife, or nurse may have tried pulling the child out of the birth canal but did so too roughly, and the child’s shoulder or arm was twisted in the process.

Doctors, midwives, nurses, and other medical professionals may have gone against the expected standard of care when presented with risk factors and caused your child irreparable harm.

How Does a Birth Injury Lawyer Prove Negligence?

No matter how obvious liability may seem to the average person, our Jacksonville lawyers know that proving it is another matter. Our medical malpractice firm has been helping victims of negligence for over 45 years, and we know that the threshold for proving medical malpractice is quite high. Many firms will say they can handle a medical malpractice case but underestimate or not be up-to-date on the complexities and nuances of Florida malpractice law.

As your personal injury lawyers, we must prove the following elements of negligence in your medical malpractice case:

• We must establish the standard of care, which means we must demonstrate that the doctor or other professional owed you and your child a certain level of care.
• Then, our lawyers present proof of a breach of this standard. We must prove that the medical professional who treated your child did not give medical care up to the standard expected of others in the field.
• We must show causation. Basically, our lawyers must prove that your child would not have been injured if not for the professional’s breach of the standard of care.
• We must demonstrate that your child and your family now have damages and losses because of this professional’s actions or inactions. We use receipts, invoices, expenses, eyewitness accounts, and professional testimonies to show that your baby and your family members now have various injuries and losses because of this provider.

Insurance companies will try to dispute these arguments at every turn, but we are prepared to build a strong case that withstands their defenses. Call our firm now to get started with a free consultation.

What Damages Can Families Seek for Erb’s Palsy Malpractice?

Anyone involved in an injury case knows how hard it is to envision the full scope of losses. This is especially true for parents who are trying to care for their injured child who has their whole life ahead of them. With the help of our Jacksonville Erb’s palsy lawyers, you do not have to estimate damages alone.

We take on this task, drawing on our experts who can help estimate and determine the figures associated with economic and non-economic losses your family is suffering from.

We can help you fight for damages like:

• Medical expenses: Children with Erb’s palsy may need a variety of treatments to improve or cure their conditions. Babies may need one or more surgeries to help repair the nerves or muscles, and this can come with expenses for hospital stays, medications, and office visits. Physical therapy appointments can also add up, and we’ll account for these, too. Whatever current and future medical expenses your child may have, we’ll seek them.
• Lost income and wages: Your child may not be able to work or reach their maximum earning capacity in the future as a result of their injury. We fight hard to recover damages for your child’s lost earning capacity.
• Pain and suffering, along with other forms of emotional distress: Birth injury cases are not just financial issues. There are huge emotional and mental suffering components in children and parents alike. While intangible, these losses are just as meaningful, and we aim to hold all negligent parties accountable for this harm.

Don’t leave these and other losses on the table. Let our Jacksonville birth injury lawyers help you fight for fair and full compensation today.

Medical Malpractice Results from Our Firm

We know you are putting a lot of trust in our firm. We have spent the last 45 years fighting for victims of negligence, and medical malpractice cases are causes especially dear to us. We have helped countless medical malpractice and birth injury victims, and here are just a few of our previous results:

• We obtained a $5,000,000 settlement for a baby who suffered a brachial plexus injury during birth.
• One child was diagnosed with retinopathy of prematurity after her premature birth. The child was discharged from the hospital, but neonatologists in the hospital did not properly educate the parents, nor did they make sure the child had follow-up care, and this led to the child’s blindness. We were able to obtain a $4,625,000 verdict.
• A hospital’s negligence caused a brain injury in a five-year-old child, and we obtained a $12,700,000 verdict for the child and their family.
• In another retinopathy of prematurity case, our clients received a $38,000,000 verdict when a doctor failed to diagnose their conditions. The two twin boys are now blind due to this negligent medical care.

Let us help you fight for the results you need.

Questions for our Jacksonville Erb’s Palsy Lawyers

We know this is an overwhelming time for you, and you have a lot of questions or concerns. Of course, our team will be sure to give you in-depth answers once we take on your case, but here are some answers you may need right now:

Is There a Deadline for Filing a Jacksonville Medical Malpractice Lawsuit?

Yes. Florida’s medical malpractice statute of limitations, Florida Statutes § 95.11 (4)(c), generally requires victims to file lawsuits not more than two years from the date of the injury or the discovered injury.

There are some factors that could impact the window you have to file, so it’s best to let our injury lawyers review your case to see how much time you have left to file.

There are also notice provisions, requiring claimants to give notice to prospective defendants before suit is filed. This is a very important process that should only be handled by an experienced medical malpractice lawyer – so contact our firm today.

Do I Need a Birth Injury Lawyer to Handle My Erb’s Palsy Case?

Medical malpractice cases are not simple cases to litigate. They require a deep understanding of personal injury law and medical malpractice standards, and most lawyers are not able to take on big hospitals and their insurance companies. It is extremely important to hire an experienced medical malpractice lawyer for this type of case.

Not only are these cases complex, but your child and loved ones need you right now. Your focus should be on them, not going back and forth with a company that does not want to pay for the harm inflicted on you.

Our Jacksonville birth injury lawyers will take on every single legal task, making sure you have time to rest and care for your little one. We will:

• Gather evidence and draw on experts and other resources that can back up our claims and your losses
• Handle all paperwork and manage all legal procedures, like making sure affidavits of merit are filed
• Negotiate with hospitals and insurers to try to come to a fair settlement that covers your family’s needs and losses
• Represent you at trial if insurers will not offer just compensation during negotiations

Let Freidin Brown, P.A. handle your claim or lawsuit today.

How Much Do Erb’s Palsy Lawyers Cost?

We know money is probably a very big concern right now, between medical treatments, hospital stays, and time off work. Our firm does not require any upfront payment, as we follow a contingency-fee model.

This means that we are only paid if we successfully get a settlement or verdict on your behalf. Our lawyers then receive a percentage of this payout, which we will discuss when taking on your case. You will never pay us out of your own pocket. We hope this can provide some relief during this stressful time.

Let Our Jacksonville Birth Injury Lawyers Represent You

We understand how devastating it can be to see a child hurt by a medical professional who should have done better. The Jacksonville Erb’s palsy lawyers at Freidin Brown, P.A. are here to give you the dedicated, personalized, and compassionate care you deserve while fighting for your child’s needs and future.

Call us now to speak to a member of our team. Our initial consultations are always free, and you can reach us 24 hours a day, 7 days a week.