Erb’s Palsy

Introduction to Erb’s Palsy Malpractice in Georgia

Erb’s Palsy is a birth injury that can occur when medical professionals fail to provide proper care during childbirth. In Georgia, as in other states, healthcare providers are expected to adhere to strict standards to ensure the safe delivery of newborns. When these standards are not met, it can result in severe and often avoidable birth injuries like Erb’s Palsy. Understanding how Erb’s Palsy malpractice can happen is crucial for families seeking accountability for their child’s injury.

Causes of Erb’s Palsy Malpractice

Erb’s Palsy malpractice can arise from a variety of factors, with the most common cause being complications during childbirth, particularly shoulder dystocia. This occurs when the baby’s head passes through the birth canal, but the shoulders become stuck behind the mother’s pelvic bone. Healthcare providers must use proper techniques and maneuvers to safely dislodge the infant’s shoulders and prevent injury to the brachial plexus nerves. Negligence during these critical moments, such as excessive force or incorrect maneuvers, can lead to the stretching or tearing of these nerves, resulting in Erb’s Palsy.

Failure to Assess and Respond Appropriately

Another aspect of Erb’s Palsy malpractice is the failure to assess and respond appropriately to risk factors and complications during childbirth. Healthcare providers must recognize when shoulder dystocia or other complications are likely to occur and take necessary precautions. This includes obtaining informed consent from the parents, discussing the risks, and considering alternative delivery methods in high-risk situations. Neglecting to do so may constitute medical malpractice.

Proving Erb’s Palsy Malpractice

Proving Erb’s Palsy malpractice in Atlanta and throughout Georgia typically involves demonstrating that the healthcare provider owed a duty of care to the mother and child, that this duty was breached through negligence or errors during childbirth, and that this breach directly caused injury to the infant. Expert testimony from qualified medical professionals who can attest to the standard of care and whether it was violated is often crucial in building a strong case.

Legal Recourse for Erb’s Palsy Malpractice Victims in Atlanta

Families whose children have suffered Erb’s Palsy due to medical negligence have the right to pursue legal remedies in Georgia. Our Georgia law firm specializes in birth injury cases, including Erb’s Palsy malpractice. We are dedicated to advocating for the rights and well-being of victims and their families, helping them secure compensation for their child’s injuries, medical expenses, and pain and suffering. If you believe your child has been a victim of Erb’s Palsy malpractice in Georgia, contact us for a free consultation to explore your legal options and seek justice for your child’s future.

No. That’s like asking, “I need brain surgery; can my primary care provider do it?” For brain surgery, you need a brain surgeon. For a medical malpractice case, you need a medical malpractice attorney. Davis Adams exclusively represents medical malpractice victims; that’s why you won’t find information about personal injury cases on this website. In contrast, most other firms that solicit medical malpractice clients primarily handle car wrecks and other personal injury cases. Just visit their websites, and you’ll see.

You have one opportunity to make the right decision for your Georgia medical malpractice case. We recommend asking every lawyer the following questions before making your choice:

Is your practice dedicated exclusively to medical malpractice cases?

If not, what percentage of your firm’s cases involve medical malpractice?

How many medical malpractice cases in Georgia have you successfully handled in the past 12 months?

Can you provide examples of Georgia medical malpractice cases similar to mine that you’ve successfully resolved?

Is your firm based in Georgia, with a long history of winning cases throughout the state?

When you’ve asked these questions and listened to the responses, you’ll likely discover that few law firms — other than Davis Adams — can provide good answers. We’d be honored to have the opportunity to speak with you.

Like all reputable medical malpractice law firms in Georgia, our firm operates on a contingency fee model. If we recover money for our clients, we earn a percentage. If we don’t recover any money, we’re paid nothing. Don’t be fooled by the flashy TV and billboard lawyers who advertise “No fee unless you win” as if they’re offering a special deal. They’re not – all reputable law firms offer the same contingency fee payment structure.

In Georgia, several parties can potentially sue for an Erb’s palsy injury sustained during birth, depending on the circumstances and the specific details of the case. But generally speaking, a birth injury lawsuit is most often filed by the parents of the injured child (1) for claims the parents possess (typically related to medical bills), and (2) on behalf of the injured child for claims the child possesses (typically related to pain and suffering, and sometimes including medical bills that may accrue once the child becomes an adult). In some situations, a representative of the injured child other than the parent may pursue a claim on behalf of the injured child.

It’s important to note that Erb’s palsy cases can be complex, and the eligibility to sue may vary depending on the specific circumstances of the injury. Consulting with an experienced medical malpractice attorney in Georgia is crucial to determine the appropriate course of action and ensure that your rights are protected.

Every Georgia medical malpractice case involving Erb’s palsy is different. Some take a few months, and some take a few years. As a general rule, we’ve traditionally advised our clients that their case will likely settle or go to trial within 24 months of our firm being hired. However, as the court system continues to recover from the Covid backlog, getting a case to trial now takes closer to 36 months.

We’d encourage you to run — don’t walk — away from any lawyer who tells you what your Erb’s palsy case is “worth” before doing the work necessary to answer that question honestly. Before any lawyer can begin to value your case, they must engage you as a client, meet with you to hear and understand the story of what happened, order and analyze your medical records, hire expert witnesses, determine the venue for your case (the county in which the lawsuit would be filed), and confirm that amount of insurance coverage available from the defendant(s). Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.

Because our firm is designed to be small and highly specialized, we’re selective in the cases we can take. At any given time, we’re typically litigating about 10 cases — and each year, we receive about 1700 inquiries from prospective clients. While we’d like to help more people, we’re not willing to sacrifice the quality of our work. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel like we can make the greatest impact for the client.

The majority of Georgia medical malpractice cases are resolved through settlements prior to reaching trial, but it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will ultimately go before a jury. Consequently, our medical malpractice lawyers litigate every case with a focus on trial preparation. This approach not only strengthens our client’s position during pre-trial settlement negotiations but also ensures that we are fully prepared to present our case to a jury should a negotiated resolution prove unattainable.

Yes, we routinely take complex cases around the country that require our advanced level of medical negligence expertise. To date, we’ve helped medical malpractice victims in 46 states.

Our marketing people tell us this should be the first FAQ, not the last. We disagree. You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your medical malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.

Why do we think we’re better?

First, we’re laser-focused on one thing: helping medical malpractice victims in serious cases, all day, every day. That’s a commitment we’ve made. By contrast, most other lawyers claiming to handle medical malpractice cases spend the majority of their time working on matters other than medical malpractice — car and truck wrecks, etc. Our dedication to those injured by medical negligence sets us apart.

Second, we know Georgia; it’s home for us and always has been. We’ve earned our reputation as effective and respected Georgia medical malpractice attorneys among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators over nearly two decades. Our deep local knowledge and long-standing relationships in the legal and medical communities are absolutely essential to getting the best results for our clients.

Finally, we’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website, and what our clients think of us on the Client Reviews page. The people who’ve hired and trusted us in their time of greatest need are glad they did. And that’s what matters most of all.