Gonzales Erb’s Palsy Lawyer

Did Your Child Suffer a Birth Injury that Resulted in Erb’s Palsy?

If your child’s birth injury was the result of someone’s negligence, you may be entitled to compensation. Gauthier Amedee offers compassionate legal representation and free case reviews. We understand this is a stressful time, and we are prepared to hold the responsible party accountable. Speak to a Gonzales Erb’s palsy attorney today.

Your Erb’s Palsy Lawyer in Gonzales, Louisiana

Gauthier Amedee is a well-known law firm in Gonzales, Louisiana, with extensive experience in handling birth injury cases, including those involving Erb’s palsy. Our team of dedicated attorneys understands the complexities of birth injury lawsuits and works tirelessly to advocate for the rights and needs of affected families. We’ve secured settlements for numerous birth injury cases, and we are well-equipped to handle the complexities of your case. If your child sustained a birth injury that resulted in Erb’s palsy, you have options. Discuss your case with an Erb’s palsy Lawyer in Gonzales for free.

Erb’s Palsy Explained

Erb’s palsy is a form of brachial plexus palsy that occurs when the nerves in a baby’s upper arm are injured. It often results from shoulder dystocia during a difficult birth. Symptoms can include weakness, loss of feeling, or paralysis in the affected arm.

Is Erb’s Palsy Medical Malpractice?

A case for Erb’s palsy may fall under Medical Malpractice if the injury resulted from medical negligence, such as improper handling of a baby during delivery, failure to perform a necessary cesarean section, or inadequate response to fetal distress.

Focus

We are laser-focused on protecting our clients’ best interests and their legal rights to compensation for the pain they’ve endured.

Experience

Our attorneys at Gauthier Amedee bring decades of combined legal experience to the table. We know the tactics the insurance companies use and we know how to react.

Reputation

Our results speak for themselves. We have a longstanding reputation for standing up for our clients and have successfully won millions of dollars in settlements.

Who Is Liable for Your Child’s Birth Injury?

Liability for a birth injury, such as Erb’s palsy, falls on the negligent party or parties. These could include obstetricians, nurses, midwives, or other healthcare professionals who were directly responsible for the care and delivery of the infant. Hospitals or medical facilities can also be held liable under the legal doctrine of “vicarious liability,” which holds employers responsible for the actions of their employees–though there are exceptions to this when it comes to healthcare volunteers.

Determining Negligence in Erb’s Palsy Cases

To prove negligence in an Erb’s palsy case, several factors must be established:

1. That there was a duty of care owed by the healthcare professional to the child and mother
2. That there was a breach of this duty:the healthcare provider failed to adhere to the accepted standards of medical practice
3. A direct causal link between the provider’s actions and the injury sustained
4. The injury must have resulted in damages, such as physical harm, medical expenses, and emotional distress.

Proving these elements requires a thorough investigation, expert medical testimony, and a clear understanding of medical standards. A skilled Erb’s palsy lawyer in Gonzales knows what evidence to look for, which is why it’s important to reach out to our firm immediately after the injury to ensure we can begin investigating before evidence disappears.

Compensation You Could Receive from an Erb’s Palsy Case

Compensation in an Erb’s palsy lawsuit may cover various damages, including medical expenses for past and future treatments, physical therapy, and any necessary surgeries. Additionally, compensation might include costs for special equipment or modifications needed for the child’s development and daily activities. Families may also receive damages for pain and suffering, emotional distress, and, in certain cases, punitive damages designed to punish egregious negligence.

Filing an Erb’s Palsy Claim in Gonzales

To file an Erb’s palsy claim in Gonzales, Louisiana, it is recommended to consult with a lawyer. The initial steps for filing a claim involve gathering all relevant medical records, documenting the child’s injuries, and establishing the sequence of events leading to the birth injury. This may be difficult to do without the assistance of a legal advocate who knows how to obtain the right documentation and how to submit it.

Who Can File a Claim?

In Louisiana, the parents or legal guardians of the child affected by Erb’s palsy are typically eligible to file a claim. They can seek damages on behalf of their child for the injuries suffered due to medical negligence. In certain circumstances, other family members may be eligible to file a claim, depending on their specific situation. This is another reason why it’s best to consult with an attorney before proceeding with a claim.

Statute of Limitations

In Louisiana, the statute of limitations for birth injury is generally 1 year from the date the injury was discovered, but no more than 3 years from the actual date of the injury. Failure to submit a claim within this timeframe may disqualify you from seeking compensation.

Erb’s Palsy FAQs

How much is my case worth?

The specifics of your case will determine how much compensation you are eligible for, which is why it’s best to work with an attorney who has experience in Erb’s palsy and birth injury cases. Our firm has worked on countless cases just like yours, and we’ll be able to estimate the value of your case once we understand all the details of how the injury occurred. Get started today with a free case review.

Will I have to go to court to get a settlement?

No, you do not necessarily have to go to court to get a settlement for Erb’s palsy. Many medical malpractice cases, including those involving Erb’s palsy, are resolved through out-of-court settlements between the parties involved. Here are the typical steps in the process:

• Case Evaluation and Attorney Consultation: Initially, you consult with a lawyer to evaluate your case. The attorney will review medical records, consult with medical experts, and determine whether there is a viable claim of negligence.
• Demand Letter: If your attorney believes you have a strong case, they may start by sending a demand letter to the responsible party or their insurance company, outlining the case’s facts, the alleged negligence, and the damages sought.
• Negotiation: The majority of medical malpractice claims, including Erb’s palsy cases, are settled during the negotiation phase. Both parties’ lawyers and insurers will discuss a fair compensation amount to avoid the costs and uncertainties of a trial. These negotiations can be lengthy and often involve several rounds of back-and-forth.
• Mediation or Arbitration: If negotiations stall, the parties might agree to mediation with a neutral third party or to arbitration, which is a less formal legal proceeding than a court trial. Both approaches aim to resolve the dispute without going to court.
• Settlement Agreement: If both parties reach an agreement, the settlement terms will be put into writing. The agreement typically requires the plaintiff (the party bringing the lawsuit) to cease any further legal action related to the injury in exchange for the agreed-upon compensation amount.
• Litigation: If a settlement cannot be reached through negotiation, mediation, or arbitration, the case may go to trial. However, this is generally considered a last resort due to the time, expense, and unpredictability involved. If your case does go to trial, your attorney will be able to represent you in court.

It’s important to remember that every case is different, and whether your specific case will require going to court depends on the details of the case, the willingness of both parties to settle, and the advice of your legal counsel.

What if I can’t afford a lawyer?

Gauthier Amedee understands how stressful and overwhelming it can be when your child sustains a birth injury of any kind. That’s why we want to make it as easy as possible to get the legal representation you deserve. Our team works on contingency, which means we don’t get paid until we win. Our fees are taken directly from your settlement amount, so you never have to pay out-of-pocket for our legal services.

Get a Free Case Review with a Gonzales Erb’s Palsy Attorney

If your child’s Erb’s palsy was caused by another party’s negligence, you need an Erb’s palsy lawyer in Gonzales who has the experience and knowledge to get you the compensation you deserve. Contact the Go2Lawyers at 225-647-1700. We are standing by to discuss your case for free.