What is an Erb's palsy lawsuit?
An Erb’s palsy lawsuit is a legal action brought by families affected by preventable brachial plexus injuries. In many cases, Erb’s palsy could have been avoided with proper care.
When this happens, families can file Erb’s palsy lawsuits to seek the financial compensation needed for medical treatments, physical therapy, adaptive equipment, and more.
Watch our short video to learn more about Erb’s palsy lawsuits.
Learn how an Erb’s palsy lawsuit can provide financial support and hold negligent parties accountable for avoidable brachial plexus injuries. View Transcript.
Duration: 0 min 55 sec
If your child has been diagnosed with Erb’s palsy, you know that it can be a difficult and expensive condition to treat.
Fortunately, there is a way to get financial compensation to help cover the costs of your child’s care.
If your child’s condition was caused by a medical mistake, an Erb’s palsy lawsuit can provide the financial support you need to give them the best possible care. It can also hold hospitals or practitioners accountable for their malpractice or negligence.
An Erb’s palsy lawyer can figure out if you have a case and explain what you can expect from the legal process. You don't have to pay anything upfront to talk to an experienced lawyer about an Erb’s palsy lawsuit.
Don't let a medical mistake hurt your family more than it already has. Find out if you can file an Erb’s palsy lawsuit by contacting Cerebral Palsy Guide today for a free case review.
Erb’s palsy lawyers can make the legal process as stress-free as possible while they fight to get maximum compensation.
Cerebral Palsy Guide works with an extensive network of top attorneys who can help families in all 50 states. Our legal partners have secured over $1 billion for preventable birth injuries, including brachial plexus palsy.
Find out if we can help your family – get a free legal case review right now.
Erb's palsy lawsuit settlement amounts
The average payout from a birth injury settlement is over $1 million. Usually, Erb’s palsy lawsuits end in out-of-court settlements. However, in rare cases, the lawsuit may go to trial for a verdict by a judge or jury.
The compensation received from an Erb’s palsy settlement or trial verdict can ease the financial burden families face after an unexpected birth injury.
- $5 million for a Connecticut family
- $2.75 million to a Pennsylvania family
- $1.99 million for a family from New York
- $1.8 million for a family in Texas
- $1.57 million to a family in Maryland
- $1.2 million for a family from Florida
- $1 million for a family from New Jersey
- $1.2 million for a family from Florida
- $2 million for a family in North Carolina
- $4.5 million to a family in Illinois
Erb’s palsy lawsuit payouts vary with each case. Typically, the value of your case depends on the severity of your child’s injury and estimated future medical costs.
Experienced attorneys will work to maximize the compensation your family may be awarded.
Call us right now at (855) 220-1101 or Click to Live Chat to see if you could be eligible to file an Erb’s palsy lawsuit with a top attorney near you.
Erb’s palsy and medical malpractice
Many Erb's palsy cases stem from medical malpractice, which is when a medical professional fails to provide the proper level of care.
For example, if an obstetrician pulls on a baby to guide them out of the birth canal, the nerves can stretch or tear. This nerve damage can cause limited movement or paralysis in the affected arm.
- Applying excessive force on the baby's head and neck during delivery
- Delaying or not performing a necessary C-section (cesarean section)
- Mismanaging shoulder dystocia (when a baby's shoulders get stuck behind the pelvis)
- Using assistive devices like forceps or vacuum extractors improperly
To win a brachial plexus lawsuit, lawyers must prove that medical professionals did not provide proper care, resulting in a birth injury.
When medical mistakes lead to Erb’s palsy malpractice, it’s important for families to take legal action. For one thing, Erb's palsy lawsuits hold negligent health care providers accountable. Additionally, they could help prevent others from experiencing the same harm.
Why file an Erb’s palsy lawsuit?
Filing an Erb’s palsy lawsuit may allow parents to get justice for their child’s brachial plexus injury. Further, taking legal action can result in much-needed financial support to pay for Erb’s palsy treatment.
- Costs related to therapy, adaptive equipment, counseling, surgery, and more
- Lost wages if a family member had to quit their job to care for the child
- Other harm, like emotional distress or pain and suffering
Brachial plexus lawsuits can also bring families a sense of closure. Parents of children with Erb’s palsy may feel distraught when they learn their child’s injury could have been prevented with proper care.
Taking legal action can bring peace, knowing justice has been served. As a result, many families have been able to regain a sense of control over their lives.
Get a free legal case review right now to find out if you could be eligible to file an Erb's palsy lawsuit.
What to expect in an Erb's palsy lawsuit
In an Erb’s palsy lawsuit, both legal teams present their cases and try to come to an agreement. Your Erb’s palsy law firm will handle all the legal work so you can focus on caring for your child.
Most Erb’s palsy lawsuits follow a similar process. Learn more about the steps below.
1. Get a free legal consultation
The first step in an Erb’s palsy lawsuit is getting a free consultation. During this process, a member of the attorney’s legal team will listen to your story, ask questions about your child's injury, and help determine if you may qualify to file an Erb’s palsy lawsuit.
Get your free case review right now.
2. Gather evidence
If your attorney believes you have a case, their team will conduct a thorough investigation and collect detailed evidence.
- Expert testimonies from medical specialists
- Medical records of prenatal care, labor, and delivery
- Photographs or videos of injuries
- Treatment records showing ongoing care and costs
- Witness statements
Your legal team will use this evidence to prove medical negligence and build a strong birth injury lawsuit.
3. File your Erb’s palsy lawsuit
Next, your lawyer will file your Erb’s palsy lawsuit and demand compensation to pay for your child’s care.
By working with an experienced birth injury attorney, you can ensure that your birth injury lawsuit is filed by the deadline that applies to your case.
4. Negotiate a settlement
Lawyers specializing in Erb’s palsy lawsuits negotiate with the insurance companies of negligent medical professionals on your behalf. They aim to secure a settlement that will cover your child's medical expenses, ongoing care, and other related costs.
5. Take the case to court if needed
In rare cases, your Erb’s palsy lawsuit could go to trial. In this situation, your lawyer will continue to fight for your family in court. They will present evidence, make legal arguments, and advocate for your family to secure the maximum compensation possible for your child's brachial plexus injuries.
How long do you have to file an Erb's palsy lawsuit?
Since brachial plexus lawsuits may allow parents to afford life-changing treatments, it’s important to file right away.
Additionally, a deadline called the statute of limitations sets the amount of time an individual has to file a lawsuit. Statutes of limitations vary with each state and are also subject to change depending on updates by lawmakers.
In most states, families have 2-3 years to take legal action.
For this reason, it’s important to work with an experienced lawyer who knows the statute of limitations in your state. If the deadline passes, you will lose your right to sue for your child’s injury.
Get legal help to file your Erb’s palsy lawsuit
Filing an Erb’s palsy lawsuit may seem intimidating — but it doesn’t have to be. The experienced lawyers in our network will fight to get your family as much compensation as quickly as possible.
This means you can focus on helping your child heal from the devastating impact of a preventable brachial plexus injury.
Our experienced legal partners can help families in all 50 states. Together, they’ve secured over $1 billion for brachial plexus palsy and other birth injuries.
Call Cerebral Palsy Guide at (855) 220-1101 right now or get a free case review to find out if we can help your family file an Erb’s palsy lawsuit.
