Erb's Palsy Litigation: The Good, The Bad, And The Ugly

Questions ArchiveCategory: OtherErb's Palsy Litigation: The Good, The Bad, And The Ugly
Oren Camden asked 4 months ago

Erb’s Palsy Settlement

Erb’s Palsy develops when the brachial-plexus nerve is stretched or torn during the time of delivery. The injury could be caused by medical negligence or by an uncomplicated birth.

Most of these lawsuits are settled out of court. The procedure can differ from case to case.

The Statute of Limitations

An Erb’s Palsy settlement is possible for children who suffer from injury to the brachial canal, which runs from the spine to the neck and down each arm. This nerve bundle gives motion and sensation to the shoulder, hand, and fingers. The majority of the time, it’s caused by medical mistakes during the labor and birth. For instance doctors might have applied too much force when delivering the baby, or delivered the head before the shoulders were fully delivered.

A medical malpractice case for this type of condition could result in a large settlement, particularly in serious cases when the injury is permanent. It’s important to have a lawyer with experience to your side. A reputable Erb’s palsy/brachialplexus birth injury lawyer will have the resources to gather medical records as well as consult with medical experts to support your case.

The time frame for filing a lawsuit is different according to the state and type of legal claim. In general, you can file a lawsuit up to two years from the date your child was diagnosed before you can bring a lawsuit. Your lawyer can provide information regarding your situation and an estimated timeframe.

Recent case highlights the importance to have an experienced lawyer on your side when you file an action for medical malpractice. RY had a severe case Erb’s palsy of Grade 1 or severance of nerves in the upper part of his arm. It was the result of a catalogue of mistakes by medical personnel at Royal Berkshire Hospital during his delivery, including the use of excessive force and inadequate treatment of the emergency complication known as shoulder dystocia.

Arbitration or Mediation

The first step is to consult with an experienced attorney. erb’s palsy lawsuits lawsuits for palsy can be complex and it is important to have an attorney look over your case prior to taking any further action. In many instances, lawyers will provide a no-cost consultation.

The majority of Erb’s palsy lawsuits are resolved without a court hearing. A skilled lawyer can help you obtain the compensation you deserve, without the hassle of having a court trial. During the mediation process the parties will present their arguments and evidence. This may include medical records and personal statements of witnesses. If doctors are unable to come to an agreement and the case is not settled, Erb’s palsy lawsuits then it will be heard.

In the course of a trial, a judge or jury will consider both sides and then decide on a winner. The winning party will be awarded a settlement that is intended to satisfy both sides.

You may be eligible for financial assistance if decide to seek mediation. This can help cover the cost of therapy as well as adaptive devices and ongoing treatment. The money you receive could be used to cover other expenses including lost wages and emotional trauma. It could also help provide a secure future for your child. Your lawyer can help to understand your options and choose the most appropriate option for your family. The more information you have, the greater your chance of a successful outcome.

Complaint in Court

If a child is diagnosed with erb’s palsy because of an unintentional medical error at birth, the family has the right to bring a lawsuit to recover compensation. A reputable New York birth injury attorney will be able to explain the procedure and argue for the best settlement in the case. The damages can include the cost for physical therapy, hospital and rehabilitation costs, future costs for home care, specialized medical equipment and lost wages, future and past pain and suffering and more.

Erb’s spalsy is usually caused due to medical errors that occur during the vaginal delivery or C-section. Doctors can pull too hard on the neck, arms or shoulders while trying to deliver the baby. Doctors might also use forceps, vacuum extractors, or other tools incorrectly. This can place too much pressure on the infant’s shoulder or head, leading to a condition known as shoulder dystocia.

Both gestational diabetes as well as breech deliveries increase the risk of injury during delivery. Women with these conditions often have bigger babies than the normal, which can place additional pressure on the shoulders and arms.

The first step in filing an action is to send an order letter to the hospital or doctor who is defendant. The letter should include information about your child’s injuries, and how you believe the negligence occurred. The defendant has 30 days to respond prior to the discovery phase beginning. Your attorney will request expert witness testimony, medical records, etc.


A settlement is the monetary compensation that families receive following the filing of a suit against a hospital or doctor, or another medical professional for negligence that led to an Erb’s Palsy in a child. The money is intended to cover costs such as therapy, treatment, adaptive gear for the home and at school and more.

The majority of Erb’s cases involving palsy are resolved outside of court. This is more efficient for all involved and avoids the possibility that a jury’s decision may be overturned on appeal. Families can also seek compensation much faster than if their case went to trial.

Erb’s palsy occurs when a baby’s shoulders get resting on the pelvic bone or arms are pulled too hard. It can occur in both vaginal as well as a c section. It is more common when doctors do not take into consideration the baby’s needs and deliver it too big for the mother’s pelvic bone, or if it is breech (feet first).

It is essential to contact an attorney immediately if you suspect medical negligence at the time of your child’s birth. A lawyer with expertise in cases involving birth injuries has the experience and expertise required to ensure your child’s claim is handled correctly. Call Hampton & King to schedule an appointment with a knowledgeable Erb’s Palsy attorney.

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