Pittsburgh Erb’s Palsy Lawyers
Dedicated Birth-Injury Related Medical Malpractice Lawyers Advocate For Families In Pittsburgh And Throughout Western Pennsylvania
The arrival of a child is an exciting — and stressful — time. Concerns regarding the health of the mother and the well-being of the fetus during pregnancy and delivery are paramount. When a child is born with a birth-related injury, it can be overwhelming for the child’s parents.
When a child is born with erb’s palsy, a paralysis of the arm which is caused by an injury to the upper region of the arm’s main nerves, parents may question the cause of the injury and whether their healthcare provider contributed to the injury. It is important to understand what is considered medical negligence, your rights under personal injury law, and how the medical malpractice claims process works.
At Berger & Lagnese, LLC, our skilled medical malpractice attorneys are dedicated to protecting the rights of those who have suffered harm due to medical negligence.
How Is Negligence Proven In A Pittsburgh Medical Malpractice Claim Against My Doctor For Erb’s Palsy?
When families are considering whether to file a medical malpractice claim against their healthcare provider for erb’s palsy, the first question that often arises is whether or not they have the basis for a claim. Was their child’s erb’s palsy, in fact, caused by medical negligence? Can they hold the responsible parties accountable for their actions? How is negligence proven in a medical malpractice claim?
Medical malpractice is akin to professional negligence. Medical malpractice occurs when a hospital, doctor, nurse, medical facility, or another healthcare professional behaves in a negligent manner and that negligence causes injury to a patient. Negligence can be exhibited in several different ways, by action as well as inaction. This may include a lapse in care, an error in diagnosis, mistreatment of a medical condition, poor health management, a failure to provide appropriate care of the patient after discharge, and more.
When filing a medical malpractice claim in Pennsylvania, the case must have several key components in order to be considered valid. These include:
- Violation of standard care of the patient
- The injury that the claim is based on was caused by a negligent act
- The injury that the patient suffered resulted in significant damages
Erb’s palsy most often occurs during a difficult childbirth. Erb’s palsy can result in a few different ways:
- When the baby passes through the birth canal at an awkward angle, the brachial plexus nerves can be affected. The baby’s head may be turned in one direction while the baby’s arm is pulled in the opposite direction.
- Excessive pulling of the baby’s shoulders which may result in cephalic presentation, or when the baby is delivered face-first. Both of these situations can involve cephalo-pelvic disproportion (CPD), which is when the baby’s size is disproportionately larger than the birth canal.
- Delivery of the baby through the birth canal in a breech birth. When the baby’s arms are pulled backward as the doctor pulls the baby by the legs through the birth canal, the forceful stretching of the baby results in shoulder dislocation and causes the brachial plexus nerves to become stressed and injured.
Before deciding whether to pursue a medical malpractice claim for erb’s palsy, it is important to obtain as much information as possible regarding your case. That is why the medical malpractice team at Berger & Lagnese, LLC offers a free case evaluation with one of our medical malpractice attorneys. We will review the merits of your claim, answer your questions, explain the process, and help you make the most informed decision possible in your situation.
Pennsylvania’s Statute Of Limitations For Erb’s Palsy Medical Malpractice Claims
Pennsylvania’s statute of limitations — the legal deadline for filing claims in the state’s civil court system — for a medical malpractice claim, such as one for erb’s palsy, is two years from the time the harm occurred. The timeframe for this legal deadline begins at the point in which the injured party became aware (or should have been aware in the eyes of the law) that negligence on the part of a doctor, hospital, healthcare worker, or healthcare facility caused the erb’s palsy.
The state of Pennsylvania specifies that a lawsuit may not be filed more than seven years from the time the harm was inflicted, or from the point in time when the plaintiff became aware or should have been aware that the harm occurred. Pennsylvania allows for one exception to the seven-year time frame: cases in which a foreign object was left inside a patient.
If you are considering filing a medical malpractice claim for erb’s palsy and are unsure of whether you can meet Pennsylvania’s statute of limitations for injury claims, it is wise to consult with an experienced medical malpractice attorney who can advocate on your behalf.
Pittsburgh Families Can Recover Just Compensation For Erb’s Palsy Birth-Related Injuries Due To Medical Malpractice
Families who believe their child’s erb’s palsy was the result of medical negligence may file a claim of medical malpractice against the negligent party. Medical malpractice claims may be filed against doctors, hospitals, nurses, EMTs, midwives, healthcare facilities, and other medical practitioners.
In filing a claim of medical malpractice, the injured party may recover compensation for their losses which may include any of the following and more:
- Emotional pain
- Mental trauma
- Physical pain
- Physical suffering
- The loss of enjoyment in life
- Medical expenses
- Lost wages
- Loss of earning capacity
- Cost of future medical expenses that stem from the medical negligence
Because the value of some of these losses is immeasurable, the Pennsylvania courts will take into consideration all factors of your case to determine and assign a monetary value for those losses.
Pittsburgh Medical Malpractice Attorneys Successfully Recover Compensation For Pennsylvania Families Experiencing Birth-Related Injuries
The experienced medical malpractice attorneys at Berger & Lagnese, LLC in Pittsburgh, PA successfully recover compensation for Pennsylvania families who have experienced birth-related injuries. Attorneys Joshua Berger, Paul Lagnese, and David M. Paul have each been practicing law for nearly 30 years, with an unrelenting dedication to fighting for those who have suffered an injury due to another person’s negligence. Schedule a free confidential case evaluation with one of our experienced medical malpractice attorneys to discuss your case.