Erb’s Palsy Lawyer

Quick Answer

If you believe your child’s brachial plexus injury was a result of medical malpractice, you may be eligible to file a lawsuit with the help of an Erb’s palsy attorney. An experienced lawyer can help your family pursue financial compensation to help pay for your child’s treatment. Connect with a lawyer today to learn more about taking legal action.

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What Is An Erb’s Palsy Attorney?

An Erb’s palsy attorney is a subset of medical malpractice lawyers that help families affected by brachial plexus injuries take legal action. These lawyers specialize in Erb’s palsy personal injury cases and work at birth injury law firms.

Therapy, medication, and surgery to treat Erb’s palsy can be costly. Many families are unable to pay for these unplanned medical expenses. Erb’s palsy attorneys understand the burdens that this condition puts on families and will work to pursue justice and obtain financial compensation.

Erb’s Palsy and Medical Malpractice

Children who develop Erb’s palsy may be victims of malpractice. This condition is often caused by a doctor’s use of excessive force during a difficult delivery, resulting in damage to the brachial plexus nerves. This means that Erb’s palsy is usually preventable if proper medical care is taken.

Careless mistakes during childbirth can result in lifelong injuries for your child.

Mistakes that may constitute Erb’s palsy medical negligence include:

  • Improper use of assistive delivery tools such as forceps or vacuum extractors
  • Pulling too hard on a baby’s shoulders during a head-first delivery
  • Pulling too hard on a baby’s feet during a feet-first (breech) delivery
  • Pulling too hard on the baby’s head and neck as the shoulders pass through the birth canal

Doctors and nurses are trained to know the risk factors of brachial plexus palsy and how to resolve complications without injuring the mother or child. When medical professionals do not uphold a quality standard of care, it may be considered a medical malpractice case.

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How Can an Erb’s Palsy Attorney Help You?

If you believe your child developed Erb’s palsy due to a preventable mistake before, during, or shortly after delivery, an attorney may be able to help you access compensation.

Children with Erb’s palsy may need expensive medical care for months, years, or even their entire lives. An Erb’s palsy lawyer will work to help your family receive the highest possible amount of compensation, easing financial burden and giving you peace of mind that your child is receiving quality treatment.

Examples of Erb’s palsy medical malpractice compensation amounts include:

  • $1.3 Million Settlement for a South Carolina family
  • $1.2 Million Settlement for a Florida family
  • $1.2 Million Settlement for a South Carolina family
  • $1 Million Settlement for a New Jersey family
  • $950,000 Settlement for a New Jersey family
  • $825,000 Settlement for a New York family
  • $750,000 Settlement for a Washington D.C. family
  • $500,000 Settlement for a Michigan family
  • $500,000 Settlement for a South Carolina family

A brachial plexus injury attorney will make the legal process easier on your family. An experienced attorney will take care of all the work that is needed to file an Erb’s palsy lawsuit. They will gather hospital records, witness statements, and more to build a strong case on your behalf.

Your lawyer will save you the stress that comes from filing a lawsuit so you can focus on caring for your child.

Erb’s palsy attorneys will also hold negligent medical professionals responsible for their actions. This can help give your family peace of mind that justice has been served.

What to Expect When Working With an Erb’s Palsy Lawyer

Good Erb’s palsy attorneys will do everything in their power to make sure you have a strong case. Your attorney will work tirelessly on your behalf to get the most amount of money possible in the least amount of time and keep you updated every step of the way.

Although not every lawsuit is the same, most Erb’s palsy cases follow a similar format.

Contact and Investigation

The client reaches out to a lawyer to see if a claim can be filed during their free case evaluation. The lawyer then looks over the facts of the case to see if filing a lawsuit would be in the best interest of the client.

Filing

The brachial plexus injury lawyer will file a malpractice lawsuit against the defendant, who is generally the doctor or medical professional that caused the condition.

Discovery

The lawyers for both parties continue to collect evidence and information to build the strongest possible case.

Mediation

Each party presents their evidence and works to come to a fair resolution without going to trial. A third-party mediator such as a judge may assist in this phase.

Settlement

The defendant is likely to make a settlement offer if the plaintiff has a strong case. An experienced birth injury lawyer helps to ensure that their clients receive the highest possible offer based on the available evidence.

Trial

If a settlement is not agreed upon, the case will go to trial. An Erb’s palsy lawyer will represent the plaintiff and argue on their behalf. A settlement may be reached during the trial phase. If a settlement is not reached, a jury or judge will decide who wins the case.

Most Erb’s palsy attorneys will recommend settling out of court to help their clients get money faster and avoid a lengthy trial. Trials usually add more time to the case and may result in no compensation if the judge or jury rules in favor of the defendant.

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Do you suspect your child’s birth injury was caused by medical malpractice?

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What to Look for in an Erb’s Palsy Attorney

It is important to work with an experienced brachial plexus lawyer to file your Erb’s palsy medical malpractice claim. General lawyers that do not specialize in Erb’s palsy cases may not know how to best handle your claim.

Look for the following characteristics when finding an attorney to represent your case.

No Upfront Costs

The best Erb’s palsy attorneys work on a contingency fee basis, meaning their clients do not pay any upfront costs.

If you win your lawsuit, your attorney will take a small percentage of the amount of compensation awarded. You do not have to pay any fees to your lawyer if you do not win your lawsuit.

Track Record of Success

Working with an experienced attorney is the best way to ensure a smooth and successful filing process. Clients should ask the lawyer about their prior achievements and track record.

Questions to ask an Erb’s palsy attorney include:

  • How long have you been handling Erb’s palsy cases?
  • How much money do you typically win in Erb’s palsy cases?
  • What is your success rate?
  • Will you share any client testimonials?

National Reach

National Erb’s palsy law firms have local offices around the country. Attorneys at national birth injury law firms are easily accessible and have access to important resources to help win your case.

It is very important to work with a lawyer who has a strong understanding of local and state regulations. Lawyers with national reach can also help you file your claim in the right jurisdiction in a timely manner.

Strong Attorney-Client Relationships

It is important to choose an attorney you trust to handle your claim. Clients should feel comfortable and respected when interacting with their lawyers.

You should not feel obligated to work with the first lawyer you consult with. Every family deserves to have a lawyer who is passionate about their work and will take time to address any concerns.

Find An Erb’s Palsy Lawyer Near You

Families that have been affected by Erb’s palsy caused by medical malpractice deserve justice and compensation. Working with an Erb’s palsy attorney is the best way to secure a safe and healthy future for your child.

If you believe your child’s Erb’s palsy could have been prevented, you may be eligible for financial compensation. Get a free case review today to learn more about taking legal action.

Erb’s Palsy Attorney FAQs

How much does an Erb’s palsy attorney cost?

Experienced Erb’s palsy attorneys that work at national law firms generally work on a contingency fee basis.

Lawyers will not charge any upfront costs and will only take a small percentage of your earnings if you win your lawsuit. If the court does not rule in your favor, you do not have to pay your lawyer any fees.

How will an attorney prove my child’s Erb’s palsy was preventable?

Your attorney will need to gather evidence that proves your child’s brachial plexus injury was preventable and caused by medical negligence.

Evidence that may prove Erb’s palsy medical negligence includes:

  • Details of events that happened before, during, and after childbirth
  • Medical bills
  • Medical records of the mother
  • Medical records during the pregnancy and childbirth
  • Photographs of the child’s injury

How much compensation can I receive?

Erb’s palsy compensation can vary depending on the severity of the injury, your geographic location, and estimated future medical costs.

According to a study by The TDC Group, the average medical malpractice payout for children under one year old was almost $1 million, but compensation amounts can go well over the average amount. One South Carolina family won $1.3 million in an Erb’s palsy lawsuit.

When should I contact a lawyer?

It is important to get a free consultation with an Erb’s palsy attorney as soon as you suspect your child’s injury was preventable.

Every state has a statute of limitations that sets a time limit on how long you have to file your lawsuit. Once the statute of limitations expires, you will no longer have the right to file a lawsuit for your child’s brachial plexus injury.

It is important to work with an experienced brachial plexus lawyer to determine how long you have to file your claim. Lawyers at national birth injury firms will know the statute of limitations in your state and can help you file your lawsuit in a timely manner.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 5 Sources
  1. Bostwick, H. (2014, July 03). What are statutes of limitations? Retrieved April 29, 2021, from https://www.legalzoom.com/articles/what-are-statutes-of-limitations
  2. Brachial plexus injury. (2020, April 15). Retrieved April 29, 2021, from https://www.mayoclinic.org/diseases-conditions/brachial-plexus-injury/symptoms-causes/syc-20350235
  3. Chater, M., Camfield, P., & Camfield, C. (2004). Erb's palsy – Who is to blame and what will happen? Paediatrics & Child Health, 9(8), 556-560. doi:10.1093/pch/9.8.556
  4. Erb's palsy. (n.d.). Retrieved April 29, 2021, from https://www.sciencedirect.com/topics/medicine-and-dentistry/erbs-palsy
  5. Ranum, D. (n.d.). Study of malpractice claims involving children. Retrieved May 04, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
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