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?

Female Lawyers working on a child birth injury caseAn 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.

IS YOUR CHILD MISSING DEVELOPMENTAL MILESTONES?

Take Our Milestones Quiz

Taking note of your child’s physical, social, and emotional skills can help you determine if they potentially suffered from an injury at birth. An early diagnosis can help your child get the treatment they need as soon as possible.

Q1: How old is your child?

0-2 Months

3-4 Months

5-6 Months

7-9 Months

10-12 Months

13-18 Months

19-23 Months

24+ Months

0-2 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Can your child hold their head steadily on their own?
  • Q3: Can your child push themselves up when they are lying on their stomach?
  • Q4: Has your child started to make smoother movements with their arms and legs?
  • Q5: Does your child smile at other people?
  • Q6: Can your child bring their hands to their mouth?
  • Q7: Does your child turn their head when they hear a noise?
  • Q8: Does your child coo or make gurgling noises?
  • Q9: Does your child follow things with their eyes?
  • Q10: Does your child try to look at their parents or caregivers?
  • Q11: Does your child show boredom, cry, or fuss when engaged in an activity that hasn’t changed in a while?
BACKBACK0-2-years old child

3-4 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Can your child hold their head steadily on their own?
  • Q3: Does your child push down on their legs when their feet are on a flat surface?
  • Q4: Has your child started to roll over from their stomach to their back?
  • Q5: Can your child hold and shake a toy such as a rattle?
  • Q6: Does your child bring their hands to their mouth?
  • Q7: Does your child play with people and start to cry when the playing stops?
  • Q8: Does your child smile spontaneously, especially at people?
  • Q9: Does your child copy some movements and facial expressions of other people?
  • Q10: Does your child babble with expressions and copy sounds they hear?
  • Q11: Does your child cry in different ways to show hunger, pain, or tiredness?
  • Q12: Does your child respond to affection like hugging or kissing?
  • Q13: Does your child follow moving things with their eyes from side to side?
  • Q14: Does your child recognize familiar people at a distance?
BACKBACK3-4-years old child

5-6 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Can your child roll over on both sides (front to back/back to front)?
  • Q3: Has your child begun to sit without support?
  • Q4: Does your child rock back and forth?
  • Q5: Can your child support their weight on their legs (and perhaps bounce) when standing?
  • Q6: Has your child begun to pass things from one hand to the other?
  • Q7: Does your child bring objects such as toys to their mouth?
  • Q8: Does your child know if someone is not familiar to them and is a stranger?
  • Q9: Does your child respond to other people’s emotions, such as a smile or a frown?
  • Q10: Does your child enjoy looking at themselves in the mirror?
  • Q11: Does your child look at things around them?
  • Q12: Does your child respond to sounds they hear by making sounds themselves?
  • Q13: Does your child make sounds to show joy or displeasure?
  • Q14: Does your child respond to their own name?
  • Q15: Has your child started to string vowels together, such as "ah," "eh," or "oh," or started to say consonant sounds such as "m" or "b"?
  • Q16: Has your child begun to laugh?
BACKBACK5-6-years old child

7-9 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Can your child crawl?
  • Q3: Can your child stand while holding on to something to support them?
  • Q4: Can your child sit without support?
  • Q5: Can your child pull themselves up to stand?
  • Q6: Does your child play peekaboo?
  • Q7: Can your child move things from one hand to the other?
  • Q8: Can your child pick small things up, such as a piece of cereal, with their thumb and index finger?
  • Q9: Does your child look for things that they see you hide?
  • Q10: Does your child watch the path of something as it falls?
  • Q11: Does your child show fear when around strangers?
  • Q12: Does your child become clingy with adults who are familiar to them?
  • Q13: Does your child have favorite toys?
  • Q14: Does your child use their fingers to point?
  • Q15: Does your child understand “no”?
  • Q16: Does your child make a lot of repetitive sounds, such as “mamama” or “bababa”?
  • Q17: Does your child copy the sounds and gestures of other people?
BACKBACK7-9 years old child

10-12 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Can your child stand alone with no support?
  • Q3: Does your child walk while holding on to furniture?
  • Q4: Can your child take a few steps without holding on to anything?
  • Q5: Can your child get into a sitting position without any help?
  • Q6: Does your child bang two things together when playing?
  • Q7: Does your child poke with their index finger?
  • Q8: Has your child started to use things like hairbrushes or drinking cups correctly?
  • Q9: Does your child find hidden objects easily?
  • Q10: Does your child play peekaboo or pat-a-cake?
  • Q11: Does your child become shy or nervous around strangers?
  • Q12: Does your child repeat actions or sounds to get attention?
  • Q13: Does your child put out an arm or leg to help when getting dressed?
  • Q14: Does your child cry when a parent leaves the room?
  • Q15: Does your child show that they have favorite things or people?
  • Q16: Does your child show fear?
  • Q17: Does your child say things such as “mama,” “dada,” or “uh-oh”?
  • Q18: Does your child try to say the words you say?
  • Q19: Has your child started to use gestures like waving or shaking their head “no”?
BACKBACK10-12 years old child

13-18 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Can your child walk by themselves?
  • Q3: Does your child walk up stairs and run?
  • Q4: Does your child pull toys while walking?
  • Q5: Can your child drink from a cup on their own?
  • Q6: Can your child eat with a spoon on their own?
  • Q7: Can your child help undress themselves?
  • Q8: Does your child have occasional temper tantrums?
  • Q9: Does your child show affection to familiar people?
  • Q10: Does your child become clingy in new situations?
  • Q11: Does your child explore their environment alone with parents close by?
  • Q12: Can your child say several single words?
  • Q13: Can your child say and shake their head “no”?
  • Q14: Does your child point to show things to other people?
  • Q15: Does your child scribble?
  • Q16: Does your child know what ordinary products such as phones, spoons, and brushes are used for?
  • Q17: Can your child follow one-step commands such as “sit down” or “stand up”?
  • Q18: Does your child play with a doll or stuffed animal by pretending to feed it?
BACKBACK13-18 years old child

19-23 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Has your child begun to run?
  • Q3: Has your child kicked a ball?
  • Q4: Can your child climb down and onto furniture on their own?
  • Q5: Can your child walk up and down stairs while holding on?
  • Q6: Can your child stand on their tiptoes?
  • Q7: Has your child thrown a ball overhand?
  • Q8: Does your child copy others, especially people older than them?
  • Q9: Does your child get excited around other children?
  • Q10: Has your child shown more independence as they've aged?
  • Q11: Does your child do what they were told not to do and become defiant?
  • Q12: Does your child point to things when they are named?
  • Q13: Does your child know names of familiar people or body parts?
  • Q14: Does your child say 2 to 4-word sentences?
  • Q15: Does your child repeat words they hear?
  • Q16: Does your child complete sentences and rhymes in familiar books?
  • Q17: Does your child name items in books, such as dogs, cats, and birds?
  • Q18: Does your child play simple pretend games?
  • Q19: Has your child started to use one hand more than the other?
  • Q20: Has your child begun to sort shapes and colors?
  • Q21: Does your child follow 2-step instructions, such as “pick up your hat and put it on your head?”
BACKBACK19-23 years old child

24+ MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Can your child run easily?
  • Q3: Can your child climb?
  • Q4: Can your child walk up and down stairs with one foot on each step?
  • Q5: Can your child dress and undress themselves?
  • Q6: Does your child show affection for friends without being told?
  • Q7: Does your child take turns when playing games?
  • Q8: Does your child show concern when others are crying?
  • Q9: Does your child understand the idea of “mine" and "theirs"?
  • Q10: Does your child show many different emotions?
  • Q11: Does your child copy adults and friends?
  • Q12: Does your child separate easily from their parents?
  • Q13: Does your child get upset when there is a major change in their routine?
  • Q14: Does your child say words such as “I,” “me,” “we,” “you,” and some plural nouns?
  • Q15: Can your child say their first name, age, and gender?
  • Q16: Can your child carry on a conversation with 2 to 3 sentences?
  • Q17: Can your child work toys with buttons and other moving parts?
  • Q18: Does your child play pretend with dolls, animals, or people?
  • Q19: Can your child finish 3 or 4 piece puzzles?
  • Q20: Can your child copy a circle when drawing?
  • Q21: Can your child turn pages of a book one page at a time?
  • Q22: Can your child turn door handles?
BACKBACK24 months + old child

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.

40%

of families of children with special health care needs experience a financial burden due to their child’s condition.

Source: National Institutes of Health

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 Million

    family from New Jersey


  • $825,000

    family from New York


  • $500,000

    family from South Carolina

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

Let a Lawyer Handle the Hard Parts

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. Start your free case review now.

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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What to Look for in an Erb’s Palsy Attorney

Lawyer meeting with a couple to discuss their caseIt 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.

  • 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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