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When Medical Malpractice Affects Your Baby’s Birth

A birth injury caused by medical malpractice is a distressful occurrence. Instead of celebrating your child’s birth joyfully, you worry about their brachial plexus injury.

Possible complications from this type of injury, including Erb’s palsy, can require extensive medical care. In addition, concerns about your baby’s health, financial stress from medical bills, and missed time from work can overwhelm you.

If your child’s birth injury resulted from medical malpractice, an Alabama brachial plexus malpractice lawyer may be able to help you. You may be entitled to compensation for your damages.

Understanding Brachial Plexus and Erb’s Palsy

A brachial plexus injury affects the five nerves of the brachial plexus, which connect the spine to the arm and hand. A difficult delivery may result in the nerves becoming stretched, compressed, or torn.

An injury may affect some or all of the brachial plexus. Effects of such a birth injury include:

  • Loss of muscle function
  • Paralysis of the upper arm

Another possible outcome associated with a brachial plexus injury is Erb’s palsy. A limpness of the shoulder, arm, and elbow, numbness in the arm or hand, and curled fingers are signs of Erb’s palsy.

If your baby suffered a birth injury that resulted in Erb’s palsy, you may be entitled to compensation. In addition, an Erb’s palsy attorney can help you hold those responsible for your child’s injury accountable for their negligence.

Medical Malpractice and Brachial Plexus Birth Injuries

Several conditions before and at birth can result in a brachial plexus injury. Medical malpractice can occur in the following types of circumstances:

  • Breech birth
  • Vacuum or forceps-assisted delivery
  • Twin or multiple pregnancy
  • Excessive pressure on a baby’s head
  • Failure to prevent lodging of shoulder

Caring for a newborn, especially one requiring medical care, is time-consuming. In addition, as a parent, there is no time to deal with the specifics of your case.

An experienced brachial plexus and Erb’s palsy attorney can manage your case for you. In addition, hiring an attorney to help you with your birth injury case affords you more time to focus on your baby’s care and needs.

Brachial plexus can result in Erb’s palsy and profoundly affect your baby’s life. Contact Caldwell, Wenzel & Asthana today if a medical mistake caused your baby’s birth injury. Call us at (251) 444-7000.


Why Choose Us?

At Caldwell, Wenzel & Asthana Injury Lawyers, we put our experience and skills to work for victims of negligence — no matter their age.

The birthing process demands professional medical care. Unfortunately, when a trusted doctor breaches the duty of care owed to a patient, they are often liable for the resulting damages.

Sometimes birth injury cases do not settle out of court but instead proceed to trial. If this is what happens with your case, you can rest easier knowing we have extensive trial experience.

Our team thrives at building trial strategies and aggressively applying them in court. This dedication to our clients is evident in our case results. While past case success does not guarantee the same outcome for your case, it does demonstrate our commitment to securing the best outcome possible.

Medical malpractice cases involving birth injuries are often quite complicated. Without a firm knowledge of Alabama civil law, you risk losing your case if you act alone.

A birth injury is traumatic for both the baby and its parents. So let go of the stress of your civil claim or lawsuit and hire Caldwell, Wenzel & Asthana as your brachial plexus palsy injury attorneys today.

How We Can Help You

Your lawyer can protect your best interests by negotiating with insurance company representatives for a fair settlement. Unfortunately, insurance companies representing the medical industry are too experienced to take on alone.

We are unafraid of insurers and hospital/doctor attorneys. Any effort to underpay or not pay you what you deserve will meet an aggressive front from your lawyer.

Hiring a member of our team can help you in the following ways:

  • Collection of evidence
  • Interviews with witnesses
  • Negotiating a settlement
  • Filing your civil lawsuit with the court promptly
  • Presenting case before a judge and jury, if necessary
  • Calling experts in the event of a trial

Additionally, your lawyer can answer your questions and remain a calm presence by your side throughout the process. You will find everyone you encounter at Caldwell, Wenzel, and Asthana Injury Lawyers caring and eager to assist you.

The birth injury your baby suffered may lead to weeks, months, and possibly years of recovery. In addition, those responsible for the injury should pay for your damages. Contact us as soon as possible to get the help you need for your civil claim or lawsuit.

Frequently Asked Questions Regarding Brachial Plexus Birth Injuries

Brachial plexus birth injuries are frightening for parents. If you have questions regarding your legal options, you are not alone. The following FAQs can help you learn more about how to proceed:

What if the hospital offers me a settlement before I contact a birth injury attorney?

Do not accept any offer without hiring an attorney first. Initial settlement offers are generally low-dollar amounts to settle your claim for the least amount possible.

How long do I have to file a brachial plexus lawsuit?

Alabama law allows two years to file a civil lawsuit. It is essential that you act quickly before the statute of limitations expires.

What if my doctor blames me for my child’s birth injury?

Do not admit to any wrongdoing and contact an Alabama birth injury lawyer without delay.

How long does a birth injury case take?

It is difficult to predict the length of your case. The length of your case depends upon the negotiation process and whether your case goes to trial.

A free case consultation provides you with the chance to ask additional questions. Your birth injury claim or a lawsuit is a serious legal matter. Our team will ensure that you feel comfortable seeking the answers to your questions.

Brachial Plexus Injury Damages

A birth injury turns your world upside down. Multiple appointments and hospital stays can result in massive medical bills and lost wages.

Your lawyer can fight for such damages as:

  • Medical costs relating to the delivery of your baby
  • Ongoing medical costs, such as future surgeries and therapies
  • Lost wages due to time missed from work due to your baby’s birth injury
  • Pain and suffering involving the mental anguish associated with the injury

No baby should suffer a brachial plexus injury or Erb’s palsy due to a medical mistake. Likewise, a tired or overworked doctor or other medical professional is no excuse for a dangerous delivery.

The long-term effects on your baby are unfair and costly. Stress and worry over your baby’s birth injury can overwhelm you. Breathe easier knowing that an Erb’s palsy lawyer from Caldwell, Wenzel & Asthana is on your side. Aggressive talks with insurance companies, along with compassionate care for you, are just part of what we deliver.

Caldwell Wenzell & Asthana: Alabama Birth Injury Lawyers

As birth injury lawyers, we have experience reviewing medical records and building strong cases for compensation. In addition, we understand how traumatic a birth injury is for the parents and their baby.

Brachial plexus and Erb’s palsy are just two examples of birth injury cases we handle. Additional birth injury cases include shoulder dystocia and cerebral palsy.

With all birth injury cases, we aim to fight for the compensation you need and prevent you from accepting less than you deserve. Any settlement you accept now can profoundly affect your child’s future medical care needs. A lawyer from our firm can help guide you and will never accept a settlement without your consent.

If a medical mistake resulted in a brachial plexus injury for your baby, let us help you. We will fight for the compensation your baby deserves and needs to enjoy the best life possible.

Contact Caldwell, Wenzell & Asthana for a free case consultation as soon as possible. Call us today to learn more about how we can help you: (251) 444-7000.