Erb’s Palsy Lawyer

Each year in the United States, there are roughly 12,000 new cases of Erb’s palsy. The condition is often caused by medical malpractice at birth and leaves families with unexpected medical bills. Erb’s palsy lawyers can help you recover the money needed to care for your baby.

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Is Erb’s Palsy Nerve Damage?

Yes. Erb’s palsy (also called Erb-Duchenne palsy) is caused by nerve damage. The condition is a type of brachial plexus palsy. The brachial plexus is a network of nerves located near the neck that connects the spine to the arm and hand. Erb’s palsy is caused by damage to these nerves.

Damage to the brachial plexus can occur in several ways:
  • Avulsion: Nerve got ripped away from the spinal cord
  • Neurapraxia: Nerve was stretched but not torn
  • Neuroma: Nerve was torn and left scar tissue
  • Rupture: Nerve was torn

While some cases of Erb’s palsy could not have been prevented, others are caused by medical negligence. During difficult deliveries, healthcare providers may perform certain procedures too forcefully, which can cause the brachial plexus nerves to tear. This can include pulling on the baby’s shoulders or the baby’s head while they are in the birth canal.

Symptoms of Erb’s palsy caused by medical malpractice in the delivery room tend to show up shortly after birth. Usually, symptoms include one of the baby’s arms hanging limply.

Although most babies born with Erb’s palsy make a full recovery on their own, others aren’t so lucky. Often, babies born with Erb’s palsy need physical therapy, medical treatment, or even surgery. Sadly, some babies born with Erb’s palsy are left permanently disabled.

If your baby was born with Erb’s palsy, connect with an Erb’s palsy attorney to see how they may be able to help.

Can You File a Lawsuit for Erb’s Palsy?

Potentially, yes. If your baby’s Erb’s palsy is the result of medical negligence or medical malpractice, you may be able to file a lawsuit for Erb’s palsy.

Caring for a child with Erb’s palsy can be expensive and emotionally taxing. It can mean missing work while also having unexpected medical bills pile up. Erb’s palsy lawyers may be able to help you recover money for:

  • Assistive devices
  • Lost earnings
  • Medical bills
  • Medical care
  • Other damages
  • Pain and suffering
  • Therapy (physical, occupational, or rehab)

If your baby’s Erb’s palsy is due to a medical mistake made during labor or delivery, you may have a legal claim. Your lawsuit could be against the doctor, hospital, or other health care workers.

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If your baby has Erb's palsy, you could be owed money for child care.

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Who Qualifies for an Erb’s Palsy Lawsuit?

To qualify for an Erb’s palsy lawsuit, you must prove that your child’s birth injury was preventable. In some cases, certain risk factors make Erb’s palsy unavoidable, meaning that there was no way for health care providers to prevent it. This could include breech birth or shoulder dystocia.

In other cases, Erb’s palsy results from a medical professional or hospital not meeting the standard of care. This is to say that they did not provide proper and/or timely care for what is expected of them.

Proving Erb’s palsy was caused by medical malpractice involves:

  1. Determining what other medical professionals would have done in the same situation
  2. Establishing that the defendant did not make those same decisions
  3. Proving that the improper care provided by the defendant was the cause of Erb’s palsy

The best Erb’s palsy attorneys have experienced legal teams on staff that help prove that you qualify for an Erb’s palsy lawsuit.

Why Should I Contact an Erb’s Palsy Lawyer?

Unlike other types of lawyers, Erb’s palsy lawyers have experience in handling these complex cases. Erb’s palsy law firms tend to have registered nurses on staff who can talk with you about whether medical negligence is to blame for your child’s condition.

Medical mistakes that could cause Erb’s palsy include:

  • Excessive force used to pull on a newborn
  • Failure to perform a cesarean section (C-section) when necessary
  • Improper use of forceps, vacuum extractors, or other medical instruments

If an Erb’s palsy attorney believes they can prove your baby’s condition was preventable, they will help map out the best course of action. This includes determining when and where to file your claim, and how much it’s worth.

However, it is important to note that Erb’s palsy cases are time-sensitive due to a law called the statute of limitations. This law puts a deadline on the amount of time someone has to file legal claims, such as a medical malpractice lawsuit. The clock usually starts running when the malpractice occurred, but it varies by state.

It is therefore critical to contact an experienced Erb’s palsy attorney without delay. Don’t miss your shot at justice.

What Does an Erb’s Palsy Lawyer Do?

Erb’s palsy lawyers work with you throughout every step of your lawsuit to make sure you get the best outcome possible. Your Erb’s palsy lawyer will do the heavy lifting, so you can focus on getting the treatment your child needs to recover.

The best Erb’s palsy lawyers will:

  • Provide a free case evaluation to determine whether you have a case
  • Investigate your case to identify when, where, and how the birth injury happened
  • Build your case to prove Erb’s palsy could have been prevented and who is responsible
  • Calculate how much you are owed by creating a life care plan for your child

After building the strongest possible Erb’s palsy case, your lawyer will work to resolve your case through an Erb’s palsy settlement. That involves negotiation between your lawyers and the defendant’s.

Most defendants in birth injury cases would rather settle out of court than go to trial. By doing so, they avoid bad publicity and expensive court battles.

In rare cases, your Erb’s palsy lawyer may recommend taking your case to court. If this happens, they will argue your case before a judge or jury who will determine how much money you are owed.

How Much Is a Brachial Plexus Injury Worth?

Since every case is different, it is impossible to say upfront how much a brachial plexus injury case is worth. The factors involved include the severity of the injury and whether it will result in permanent disability.

The value of an Erb’s palsy case is in large part determined by the expected cost of care over your child’s lifetime. Factors that can affect how much a brachial plexus injury lawsuit is worth include:

  • Loss of enjoyment in life
  • Lost earnings and earning capacity
  • Pain and suffering
  • Past and future medical bills
  • Other financial losses related to your child’s Erb’s palsy

An experienced birth injury lawyer with a successful track record of handling Erb’s palsy cases will work aggressively on your behalf to help maximize compensation.

How Much Does an Erb’s Palsy Lawyer Charge?

The best Erb’s palsy lawyers do not charge any out-of-pocket expenses. This means you do not pay anything unless you win. If you win your case, your Erb’s palsy lawyer will take their fee out of the money they recovered for you.

Who Is the Best Erb’s Palsy Lawyer?

The best Erb’s palsy lawyers are attorneys who have proven success handling similar legal claims as yours. Erb’s palsy cases are complex and can be challenging to prove. That’s why it is imperative to find the best Erb’s palsy lawyer.

We can connect you to Erb’s palsy lawyers who have:

  • Access to extensive resources
  • Experience handling Erb’s palsy cases
  • History of securing results for their clients
  • Medical team and registered nurses on staff
  • Nationwide availability
  • No upfront legal fees

Our network of Erb’s palsy lawyers has experience, resources, and a track record of success. Contact us today for a free case review.

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4 ReferencesView Sources
  1. American Academy of Orthopaedic Surgeons. "Erb's palsy (brachial plexus birth palsy) - orthoinfo - AAOS." April 2019. Retrieved March 3, 2022 from https://orthoinfo.aaos.org/en/diseases--conditions/erbs-palsy-brachial-plexus-birth-palsy
  2. Chater, M., Camfield, P., & Camfield, C. "Erb's palsy - who is to blame and what will happen?" October 2004. Retrieved March 3, 2022 from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2724163/
  3. Cleveland Clinic. "Erb's palsy: What is it, symptoms, causes & treatment." October 20, 2021. Retrieved March 3, 2022 from https://my.clevelandclinic.org/health/diseases/21986-erbs-palsy
  4. Kane, S. "What a personal injury lawyer does." The Balance Careers. October 2, 2018. Retrieved March 15, 2022 from https://www.thebalancecareers.com/what-is-a-personal-injury-lawyer-2164350

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