The brachial plexus is a network of nerves originating from the neck. Erb’s palsy, also called brachial plexus palsy, is the weakness or paralysis of a newborn baby’s arm, neck, and shoulder due to nerve damage.
Erb’s palsy can also be defined as damage to the brachial plexus nerves that control the innervation and movement of arm muscles leading to difficulty performing everyday physical activities.
Can You Sue for Erb’s Palsy?
Yes. If Erb’s palsy was due to medical error or negligence. You may be able to seek compensation for your Erb’s Palsy-related damages by filing a medical negligence complaint.
Recovering damages through litigation for Erb’s palsy can help families cover the high cost of treating their child’s brachial plexus lesion. By filing these suits, patients hold negligent medical centers and practitioners accountable for their actions.
Is Erb’s Palsy a Disability?
One of the most frequently asked questions is, ‘ Does Erb’s Palsy qualify for disability?
Yes, Erb’s palsy is a disability that weakens the muscles and nerves in the shoulder, neck, and arms.
How Do I File an Erb Palsy Lawsuit?
Family members or parents of children affected by Erb’s palsy can file a lawsuit. Doctors and hospitals are often liable, especially since Erb’s Palsy is caused by preventable nerve damage during delivery.
Follow the steps below to get the best from your Erb’s palsy lawsuit:
Legal consultation
The first step in taking legal action for Erb’s palsy is to schedule a free consultation with a lawyer specializing in birth injury lawsuits. The lawyer will determine if the case is worth taking to trial.
Review Your Case for Free, No Obligation
Identify the Worth of a Case
Before formally filing your child’s Erb’s palsy claim with the court, your lawyer will assess the prognosis for the child’s crippled arm and any future treatments. During this time, it is possible to calculate a fair settlement for Erb’s palsy.
Notifying the Liable Parties
Your lawyer should write a demand letter to the responsible party’s attorney before initiating legal action. This letter explains the expected litigation and compensation process. In a high-stakes case, the medical professional or insurance company may ignore the demand letter’s compensation fee and instead pursue the case in court.
Litigation Prep
Legal action will likely be necessary when a demand letter is ignored or never received. The attorney investigates the malpractice claim by collecting relevant data, such as:
- Identifying the liable party’s location or Institution
- Images or other forms of proof of injury
- A description of the injury’s severity and how it happened
- How the harm could be avoided
- Testimony from an expert who claims they would act differently given the same circumstances.
The details would aid your attorney in establishing the case for medical malpractice and obtaining a higher settlement.
Filling the Erb’s palsy lawsuit
Once the attorney has all the necessary details, they can file Erb’s palsy case against the defendant (liable party). The typical response time for defendants to a claim is 30 days. Once the defense has filed its response to your claim of Erb’s palsy, a hearing date will be scheduled. The defendant must file a response within the time limit set by the court or risk losing the case to the plaintiff (the person suing for negligence) automatically.
Discovery Phase
Here, attorneys for both parties (the plaintiff and the defendant) submit their arguments and evidence to settle the matter out of court. The plaintiff provides the following details:
- Proof of medical negligence
- Photos of the damaged part of the body
- Evidence of complications such as shoulder dystocia
- Evidence of medical mistake, delay, or malpractice, such as the wrong use of forceps during a breech delivery
- A written record of what happened leading up to, during, and immediately following birth
- The Prenatal Medical Record
- Maternal medical records, including any known risk factors
- Costs for medical care
- Ultrasounds
Settlement bargain
The plaintiff’s and defendant’s attorneys discuss the evidence gathered and attempt to settle on a fair amount for compensation. A trial or court hearing is necessary if both parties cannot reach an agreement.
Prosecution and Rehearing
Once the matter goes to court, a hearing will ensue. The court will decide the matter based on the evidence presented by both sides. If the plaintiff wins the case, they will receive the appropriate settlement amount, and the defendants will have the option to appeal the decision and vice versa.
When Should I File an Erb’s Palsy Lawsuit?
You may need to register a legal claim as soon as possible if your child has been diagnosed with Erb’s palsy due to medical negligence or error.
Starting the legal process early will assist Erb’s palsy victim recover the best compensation possible.
Erb’s palsy statute of limitations
Generally, claims for Erb’s Palsy must be made no later than two years (with limited exceptions) after the injury resulting from the diagnosis.
When a diagnosis is not made, or evidence of the condition is not discovered within two years. In that case, the statute of limitations is extended to five years( depending on your location’s Medical Malpractice State Laws). If you wait more than five years to file your claim, you will lose the right to do so.
Note that each state has its statute of limitations, which can be amended if the legislature deems it necessary. You should consult a lawyer who is well-versed in your state’s statute of limitations.
What Is the Difference Between Shoulder Dystocia and Erb’s Palsy?
Shoulder dystocia occurs when the baby’s shoulders get obstructed during birth. At the same time, Erb’s palsy is a birth injury that occurs when an infant’s neck and shoulders are strained beyond normal during delivery due to the negligence of a healthcare professional.
Average Erb’s Palsy Lawsuit Settlement
Values for settling cases of Erb’s palsy vary, making it impossible to give an exact figure. The final lawsuit settlement value is based on several factors, such as the severity of the injury and the estimated medical bills.
Who Can File a Case for Erb’s Palsy
A claim may be filed on behalf of a minor with Erb’s palsy whose condition was caused by clinical negligence before age 18.
Contact us today at JustPoint for information on how you can seek legal assistance from Erb’s Palsy lawyers.
