What Is an Erb’s Palsy Attorney?
An Erb’s palsy attorney is part of a subset of medical malpractice attorneys that help families affected by the condition pursue legal action to receive compensation for their child’s injuries.
Though most cases of Erb’s palsy are mild and may heal on their own, there are also severe cases that may require surgery and long-term medical care. A lawyer specializing in Erb’s palsy understands the financial and emotional burdens placed on families while caring for their child.
Erb’s palsy attorneys will work to prove your child’s birth injury was preventable so your family can receive the compensation you deserve. One law firm has recovered an average of $914,000 in Erb's palsy settlements for their clients. Settlement amounts vary widely depending on many factors, but some families have been awarded over $1 million.
Settlement amounts vary widely depending on many factors, but some families have been awarded over $1 million.
Erb’s Palsy and Medical Malpractice
Erb’s palsy is a brachial plexus injury often caused by pulling on a baby's shoulder, resulting in damage to the brain or spinal cord. The brachial plexus injury can also be caused by shoulder dystocia, which is when a baby's arms get stuck in the birth canal.
The condition is often preventable and may stem from medical negligence or malpractice from an obstetrician or health care provider during the birthing process.
Forms of medical malpractice causing Erb’s palsy include:
- Pulling too hard on an infant’s head and neck as the shoulders pass through the birth canal
- Pulling on an infant’s shoulders during a head-first delivery
- Pulling on an infant’s feet during a feet-first (breech) delivery
- The use of assistive delivery tools such as forceps or vacuum extractors
How Can an Erb’s Palsy Attorney Help You?
Nothing can prepare new parents for the possibility of their child developing Erb’s palsy. This can bring new parents a significant amount of stress during an otherwise joyful time in their lives.
An attorney can help you file an Erb’s palsy lawsuit against the medical professionals that caused your child’s condition. These lawyers strive to provide justice for families affected by brachial plexus injuries.
An attorney will assist you to make the legal process much easier than if you were to file a lawsuit on your own and represent yourself. Experienced Erb’s palsy lawyers know how to maximize your potential amount of compensation by gathering and presenting important information in an effective way.
Erb’s palsy lawyers can:
- Establish when, how, and why the injury occurred
- File a legal complaint against those responsible for the injury
- Gather testimonies and medical documents to support your claim
- Pursue compensation to help your family afford their medical bills, therapies, and other expenses
What to Look For in an Erb’s Palsy Lawyer
Not every lawyer has the experience and resources to properly handle your case, so it is important to find an attorney who has had success representing other families in Erb’s palsy medical malpractice lawsuits.
It is very important to do proper research when finding an attorney to represent your case. Do not feel obligated to work with the first lawyer you find — make sure the lawyer you choose makes you feel comfortable and will genuinely look after your family’s best interests.
Some important traits to look for in an Erb’s palsy lawyer are detailed below.
When looking to file a lawsuit, you should seek an Erb’s palsy attorney who has won similar lawsuits in the past. A track record of past successes shows that the attorney knows how to best represent your case.
Erb’s Palsy Settlement Payout
In 2013, a South Carolina family received $1.5 million from a birth injury lawsuit. This family worked with nationally-renowned Erb’s palsy lawyers to receive their payout. Contact the team at Cerebral Palsy Guide to connect with a lawyer near you.
Many skilled Erb’s palsy attorneys work at nationally renowned law firms throughout the country. National law firms accept clients from across the country and know how to file cases adhering to each state’s legal guidelines.
An experienced Erb’s palsy attorney will have access to a vast archive of birth injury-related resources written by medical experts. This can give clarification regarding how and why your doctor or health care team may be medically responsible for your child’s condition.
What to Expect in an Erb’s Palsy Lawsuit
In most cases, the birth injury lawsuit process begins when you contact an Erb’s palsy attorney for a free case review. Your attorney will determine any future medical costs for your child’s Erb’s palsy treatment to determine your case value and potential compensation.
Your birth injury attorney will then gather evidence to prove your child’s brachial plexus injury was preventable and caused by medical malpractice.
Next, your legal team will file your lawsuit against the medical professional(s) or hospital allegedly at fault. Depending on the jurisdiction, the defendant is given around 20 to 30 days to respond to your claim. Once the defendants answer the complaint, both legal teams will gather additional evidence to support their sides.
Possible outcomes for an Erb’s palsy lawsuit include:
- Erb’s Palsy Settlements: Most birth injury cases settle out of court in order to avoid jury trials, which are expensive and time-consuming.
- Erb’s Palsy Case Verdicts: About 4-5% of personal injury cases go to trial, according to Black’s Law Dictionary. If your case goes to trial, a verdict will occur after closing arguments are made. If a judge or jury decides the defendants are guilty of medical negligence, they will determine the amount of damages owed to you. The amount awarded depends on factors specific to your case.
How Compensation Can Help Your Family
Children with Erb’s palsy may have higher-than-average health care costs and out-of-pocket expenses that many families may not be able to afford. An attorney can help you seek financial compensation to help alleviate any financial burdens placed on your family.
Erb’s palsy lawsuit compensation can cover:
- Adaptive equipment
- Medical expenses
- Therapy, rehabilitation, and home care
- Lost wages if parents/caregivers had to take time off of work
- Increased living expenses due to your child’s condition
- Other expenses such as emotional damages, pain, and suffering
How Much Compensation Will I Receive?
Every Erb’s palsy case is different, so no two outcomes are the same. The amount of compensation you are awarded can vary depending on your location, severity of your child’s condition, and estimated future health care costs. It is important to keep in mind that this value can change as the case progresses towards a settlement or verdict.
An Erb’s palsy attorney can provide you with their estimated value of your case.
Erb’s Palsy Settlement Examples
- $750,000 Settlement for a Washington D.C. family
- $1 Million Settlement for a New Jersey family
- $1.3 Million Settlement for a South Carolina family
- $500,000 Settlement for a Michigan family
- $500,000 Settlement for a South Carolina family
- $825,000 Settlement for a New York family
- $950,000 Settlement for a New Jersey family
- $1.2 Million Settlement for a Florida family
- $1.2 Million Settlement for a South Carolina family
Find Erb’s Palsy Attorneys Near Me
Any family that has been affected by Erb’s palsy should consider working with an Erb’s palsy attorney to seek financial compensation.
Unfortunately, medical personnel can make inexcusable mistakes that cause families to suffer for months, years, or even a lifetime. Doctors and nurses who have committed medical negligence must be held accountable, and families should receive the compensation and justice they deserve.
If you are considering filing a lawsuit, get a free case review today to learn more about how an Erb’s palsy attorney in your state can help you and your family.Free Case Evaluation
Frequently Asked Questions About Erb’s Palsy Lawyers
When should I hire a lawyer?
If you are looking to file an Erb’s palsy lawsuit, you should hire a lawyer sooner rather than later.
Every state has a statute of limitations, which are laws that specify how long an individual has to file a lawsuit. Once this set period of time passes, it is no longer possible for an individual to file a lawsuit.
The best way to know how long you have to file your lawsuit is by working with an experienced lawyer. An Erb’s palsy attorney at a national firm will know the statutes of limitations for every state and can advise you when to take legal action.
How will an attorney prove my child’s Erb’s palsy was preventable?
In order to win your lawsuit, your Erb’s palsy attorney will need to gather evidence that proves your child’s brachial plexus injury was a result of medical negligence.
This evidence may include:
- Medical records of the mother, including any risk factors before pregnancy
- Medical records during the pregnancy and birth of the child
- Details of the exact series of events that happened before, during, and after childbirth
How long will an Erb’s palsy attorney work on my case?
Since every case is different, it is difficult to know for certain how long your case will last. Generally, an experienced Erb’s palsy attorney will work on your case until you receive financial compensation or until a court determines that the case has concluded.
Erb’s palsy lawsuits can take anywhere from several months to a few years from start to finish. Your lawyer will work to get the highest amount of money in the shortest amount of time and keep you updated as the case progresses.
How much does an Erb’s palsy attorney cost?
An Erb’s palsy lawyer should come at no cost to you unless you win your lawsuit. The best attorneys value the attorney-client relationship and work on a contingency basis, meaning they do not get paid unless the court rules in their client’s favor.
If the court awards you with compensation, your family will receive the majority of the profits. A small percentage of the earnings will cover your legal fees.