Is your Baby Suffering from Erb’s Palsy due to Medical Negligence?

 Posted on September 20, 2023 in Birth Injury

Bringing a new life into the world is an incredible moment filled with joy and anticipation. But sometimes, the process of childbirth can lead to unexpected challenges, like a birth injury. One of the most common birth injuries is Erb's Palsy, which can be distressing for both parents and newborns. About 12,000 babies are born with this birth injury and if your child is one of them, you need an Illinois birth injury attorney who can help you get the financial compensation you need.

What is Erb’s Palsy?

Erb's Palsy, also known as brachial plexus birth palsy, is nerve injury to a baby’s shoulder and arm, often because of excessive force during delivery. Medications such as oxytocin or an epidural during labor are also contributing factors.

What Legal Options Do I Have as a Result of My Child’s Birth Injury?

Having to put your newborn through invasive surgeries to repair damaged nerves and muscles because of someone’s negligence, is unacceptable. Erb’s palsy is a common example of a birth injury that may result from medical malpractice. We know this can be an emotionally and financially challenging time for families. Fortunately, there are legal avenues under Illinois law, available to pursue compensation for medical malpractice if it played a role in your child's birth injury. This compensation can help cover the cost of medical bills, therapies, and other necessary treatments to ensure your child's well-being. 

How Could I Pursue a Medical Malpractice Lawsuit?

To establish medical malpractice in a birth injury case in Illinois, several key elements must typically be demonstrated:

• Doctor-Patient Relationship – You must establish that there was a relationship between the healthcare provider and the pregnant woman or the child.

• Standard of Care – You must show that the healthcare professional did not carry out the standard duty of care and that their actions fell below accepted medical standards for prenatal care, labor, or delivery.

• Causation – You must prove that the deviation from the standard of care directly caused or contributed to the birth injury.

• Damages – The birth injury must result in actual damages, which can include medical expenses, pain and suffering, disability, and other losses.

Negligence on the part of healthcare professionals can lead to lifelong consequences for your child, as well as emotional and financial burdens for your family. Fortunately, the legal system provides a means to pursue compensation for medical malpractice cases. 

Schedule a free consultation with Chicago Birth Injury Lawyer

If you suspect medical malpractice in your child's birth injury, you need a Cook County birth injury attorney. At Birth Injury Law Alliance, Ltd., we can guide you through the legal process and help you secure the resources to support your child’s recovery. Call 312-462-4200 for a free consultation.