What Is an Erb’s Palsy Lawsuit?
An Erb’s palsy lawsuit is a legal complaint filed against negligent health care providers responsible for causing a child to be injured at birth. This includes doctors, hospitals, midwives, and other medical professionals.
Erb’s palsy lawsuits almost always resolve with out-of-court settlements paid by the negligent health care providers and/or their insurance companies.
Families can use settlement money to help pay for surgery, therapy, and other related expenses that give their child the best chance at living a vibrant life.
Settlements for Erb’s palsy and other birth injuries average more than $1 million. This can be life-changing money for families facing a future of unexpected medical costs.
While the thought of filing a lawsuit may seem overwhelming, it’s important to note that an Erb’s palsy lawyer can handle a brachial plexus lawsuit in its entirety. As a result, families can focus on caring for their child without any added stress.
LawFirm.com works with top birth injury lawyers who have filed Erb’s palsy lawsuits and secured compensation for families impacted by Erb’s palsy.
See if one of our legal partners may be able to help your family — get a free consultation now.
Erb’s Palsy Malpractice
To file a successful brachial plexus lawsuit, your attorney must be able to show that your child’s birth injury was caused by medical malpractice.
Medical malpractice occurs when a health care professional fails to follow the standard of care and injures a patient as a result.
In cases of Erb’s palsy, the network of nerves in the upper part of the arm, known as the brachial plexus, have been damaged — often stretched or torn — due to injuries sustained during childbirth.
Examples of Erb’s palsy malpractice include:
- Failure to take into account risk factors like maternal diabetes, obesity, or a larger-than-average baby
- Failure to properly address shoulder dystocia (baby’s shoulder stuck during vaginal delivery)
- Misuse of assistive tools such as forceps or vacuum extractors
- Not performing a cesarean section (C-section)
- Pulling on a baby’s head or neck to deliver them from the birth canal
- Tugging on a baby’s arms during a breech (feet-first) delivery
- Using excessive force on a baby’s upper arm and shoulder
Obstetricians and others on a labor and delivery team are trained to respond to emergency situations and deal with complications in a way that prevents harm to both the mother and infant. When they fail to do so, their actions (or inactions) may be considered medical malpractice.
Who Can File an Erb’s Palsy Lawsuit?
You may be able to file an Erb’s palsy lawsuit if:
- Your child has Erb’s palsy
- The condition occurred due to an injury during the birthing process
- A health care professional caused or contributed to the injury
Sometimes parents may not know what caused their child’s Erb’s palsy or if medical malpractice played a role.
LawFirm.com may be able to help. Our birth injury case managers can listen to your story and help you figure out what may have happened. They can put you in touch with a registered nurse on our staff, if necessary.
Chat in confidence now — there is no fee or obligation to talk to a member of our team.
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How to File a Brachial Plexus Injury Lawsuit
Erb’s palsy attorneys work on your behalf to make the legal process as simple and stress-free as possible. They understand the strain that comes with taking care of a child with a birth injury and support families through each and every step of the process.
Erb’s palsy lawsuits generally involve the following steps.
1. Contact a Brachial Plexus Law Firm
During this step, you will share the details of your situation with a case manager and/or nurse who will then determine your eligibility for filing a claim. Get a free case review now.
You don’t need a formal diagnosis of Erb’s palsy to get a free case review and learn about your legal options.
2. Evidence Collection
If you have a case, your attorney and their legal team will gather evidence to support your claim.
Evidence that can be used to prove Erb’s palsy medical malpractice includes:
- Expert testimony
- Hospital policies and procedures
- Medical records
- Proof of damages
3. Filing the Lawsuit
Your Erb’s palsy lawyer will file the lawsuit against the medical provider(s) who may be responsible for your child’s Erb’s palsy. Defendants in an Erb’s palsy medical malpractice case may include the doctor, hospital, or other at-fault medical professionals.
Your attorney will file your lawsuit in the proper court and before any filing deadlines.
4. Settlement Negotiations
Your birth injury lawyer will negotiate with the defendants in your case with the goal of securing as much money as possible on your behalf. Most defendants choose to settle with the victim’s family instead of proceeding to trial in court.
However, your legal team is prepared to fight for you during a trial if necessary. Your attorney will work tirelessly on your family’s behalf to seek a favorable verdict and secure your child’s financial future.
Brachial Plexus Birth Injury Lawsuit Settlement Values
The payout from a birth injury claim is more than $1 million on average in 2023, according to a study by The Doctors Company that analyzed nine years of data.
The birth injury law firms that LawFirm.com works with have recovered more than $862 million for families affected by Erb’s palsy and other birth injuries.
Some examples of Erb’s palsy compensation our legal partners have secured include:
- $2.85 million for a Connecticut family
- $1.58 million for the family of a child in New York
- $1 million for a New Jersey child
- $975,000 for a family in Florida
Individual brachial plexus lawsuit outcomes vary based on the unique factors of each case. Larger Erb’s palsy settlements and verdicts are typically seen in cases involving children with severe brachial plexus nerve damage and permanent paralysis of the arm.
Curious about how much money your potential Erb’s palsy lawsuit may be worth? A birth injury lawyer may be able to give you a settlement range based on the unique facts of your case.
Get a free Erb’s palsy case review — we can connect you with a birth injury attorney if you qualify.
Statutes of Limitations for Erb’s Palsy Lawsuits
Parents of children with Erb’s palsy only have a limited amount of time to pursue compensation through a brachial plexus lawsuit.
This timeframe is established by laws called statutes of limitations.
Each state has its own birth injury statute of limitations, which determines exactly how much time a victim or their family has to file a lawsuit after a birth injury has occurred. Once this deadline passes, families are no longer able to pursue legal action.
In most states, families have 2-3 years from the date of the birth injury to file an Erb’s palsy lawsuit. In other states, this deadline is only 1 year.
If your child has Erb’s palsy, it’s important to seek legal assistance right away.
Call one of our case managers at (888) 726-9160 and see if you are still eligible to file an Erb’s palsy lawsuit on your child’s behalf.
Why File an Erb’s Palsy Lawsuit?
Simply put, an Erb’s palsy lawsuit allows families to pursue financial compensation to help pay their child’s medical bills and provide for their future.
4 reasons to file an Erb’s palsy lawsuit include:
- Afford medical treatment: Compensation from a brachial plexus lawsuit can help parents afford the best possible care for their children. This may include surgery to repair nerve damage or physical therapy to help with strength and range of motion in the affected arm.
- Hold negligent health care providers accountable: An Erb’s palsy lawsuit sends a strong message that medical malpractice is unacceptable and comes with a cost.
- Protect other children: Sadly, there’s nothing that you can do to take away your child’s birth injury. However, an Erb’s palsy lawsuit can protect other children from similar harm. Sometimes hospitals change their policies and procedures in direct response to a lawsuit. Doctors may decide to stop practicing after they’ve been accused of medical malpractice.
- Provide for your child’s future: In some cases, children with Erb’s palsy never regain use of their injured arm. As a result, their career choices and future earning capacity may be impacted.
Some families don’t file Erb’s palsy claims because they think the legal process will be too stressful or time-consuming.
However, the attorneys in our network handle every step of an Erb’s palsy lawsuit. Additionally, almost all Erb’s palsy lawsuit cases end in settlements. As a result, most families never have to step foot inside a courtroom.
Get Help With an Erb’s Palsy Negligence Case
In the aftermath of a brachial plexus injury, many parents rightly feel sad, angry, confused, and overwhelmed. That’s why it’s important to get help from an Erb’s palsy law firm with decades of experience helping parents navigate similar situations.
The Erb’s palsy birth injury law firms in the LawFirm.com network have recovered more than $862 million for families impacted by Erb’s palsy and other health conditions.
The law firms we work with have:
- A proven track record of success
- Birth injury attorneys across the country
- Registered nurses on staff
- Resources like medical experts to help prove medical malpractice
Additionally, our legal partners never charge upfront or out-of-pocket fees. They only get paid if your case is successful in securing compensation.
See if you’re eligible to work with a top Erb’s palsy law firm — get a free case review now.
Brachial Plexus Lawsuit FAQs
Can you sue for Erb’s palsy?
You may be able to sue for Erb’s palsy (Erb-Duchenne palsy) if your child’s injury was caused by medical negligence. Money from an Erb’s palsy lawsuit can help pay for surgery, physical therapy, and other expenses related to a brachial plexus injury.
What is the settlement for an Erb’s palsy lawsuit?
An Erb’s palsy settlement refers to compensation paid by health care providers and/or their insurance companies to settle an Erb’s palsy medical malpractice lawsuit.
Medical malpractice claims involving Erb’s palsy and other birth injuries settle for more than $1 million on average, according to a study by The Doctors Company.
How time-consuming is an Erb’s palsy lawsuit?
A birth injury lawyer can handle an Erb’s palsy lawsuit from start to finish, which means that a family’s time commitment is very small. After a family agrees to work with a lawyer, the lawyer will start handling all aspects of the case while keeping the family informed.
Erb’s palsy lawyers understand the time and energy it takes to care for a child with a birth injury, so they do everything in their power to make the legal process as easy and stress-free as possible.
How much does it cost to file an Erb's palsy lawsuit?
The Erb’s palsy law firms that LawFirm.com works with never charge any fees in advance to file a lawsuit and pursue financial compensation. Instead, they get paid by taking a percentage of the money they recover for their clients.
Get a free case review now to see if one of our legal partners may be able to help you file a brachial plexus lawsuit.