Erb’s Palsy Lawsuit

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

Erb’s palsy is a serious nerve condition that affects upwards of two babies per 1,000 births. It’s sometimes attributed to medical mistakes doctors, obstetricians, and nurses make during birth. If your baby develops Erb’s palsy, you may be eligible to file a birth injury lawsuit against negligent health care providers. 

A skilled birth injury attorney can file an Erb’s palsy lawsuit against doctors or hospitals responsible for your newborn’s condition. If successful, a lawsuit provides compensation for medical expenses and other costs. 

Our personal injury law firm has over 40 years of experience representing clients in personal injury claims. Our team will support you throughout the entire claims process, keeping you informed and pushing for maximum damages. Contact us today to schedule your free consultation and explore your legal options if you are considering an Erb’s palsy claim. 

Can You Sue for Erb's Palsy?

Erb’s palsy is a birth injury sometimes caused by the careless acts of health care providers. It occurs when the brachial plexus in a newborn’s shoulders or neck is damaged due to excessive force or pulling

If your newborn’s Erb’s palsy was caused by a health care provider’s error or negligence, you may sue for medical malpractice. Some of the actions that may lead to Erb’s palsy include:

  • Pulling on a baby’s head during birth, resulting in harmful stretching on the infant’s brachial plexus. 
  • Using forceps or a vacuum extractor to remove the baby from the mother’s womb. 

Sometimes, Erb’s palsy arises from a health care provider’s inactions, such as failing to order a C-section during a complicated delivery.

Since Erb’s palsy can also arise naturally, you may be uncertain whether you have a claim. It’s essential to speak with a qualified attorney to understand your options. 

Typically, you can file an Erb’s palsy lawsuit if your child has the condition and a medical professional’s negligence caused it. A qualified lawyer can review your case and determine what happened, helping to get you the compensation you deserve.

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Get started with a free consultation with one of our skilled Personal Injury Lawyers today.

Why File a Lawsuit?

Erb’s palsy can have long-term consequences for your newborn and family. Infants may require extensive treatment, including surgery and physical therapy. A lawsuit can help you cover the expenses of their care. 

When you file an Erb’s palsy claim, you can hold the responsible people accountable for their actions. Your lawsuit can also make medical professionals think twice about their actions when delivering children, potentially preventing other infants from developing the condition.

Steps To Filing Your Lawsuit

Filing an Erb’s palsy lawsuit begins with finding a suitable law firm experienced with medical malpractice to handle your claim. At Brown & Crouppen, we offer supportive legal services focused on obtaining optimal results for your case. Our award-winning personal injury law firm has decades of experience representing clients in complex cases, including those involving Erb’s palsy. 

Our attorneys will handle your case from start to finish. Here’s what you can expect during the process.

1. Meet With Your Attorney To Discuss Your Claim

Every Erb’s palsy medical malpractice claim starts with a consultation with an experienced attorney. Our skilled attorneys will meet with you to learn about your case and discuss the extent of your child’s condition. We’ll review any medical records you provide us and talk about your experience during childbirth. If you’ve communicated with your health care providers since your newborn received an Erb’s palsy diagnosis, we’ll evaluate the correspondence.

The purpose of the consultation is to determine the merits of your claim and explain your available legal options. 

2. Gather Evidence To Support Your Claim

Once our attorneys take on your case, we will work to assemble the evidence needed to prove your claim. We will obtain your and your child’s medical records and review them for evidence of errors during the childbirth process. Some of the medical records we may request include pregnancy and prenatal records, labor and delivery records, and documents related to your baby’s Erb’s palsy diagnosis and care. 

We may request interviews and testimony from involved staff. We will also contact medical experts for their opinions about your claim. Missouri law requires all claims involving medical malpractice to include an affidavit from a medical expert. The affidavit should provide a professional opinion that your health care provider failed to provide you with the normal standard of care, directly contributing to your child’s Erb’s palsy.

3. File a Claim

After assembling the evidence necessary to prove your case, your attorney will file a lawsuit with the appropriate court. Once the court receives and processes the complaint, the defendants will receive notice. The discovery process can then begin.

During discovery, your attorney and the health care provider’s legal representative will exchange information via documents and depositions. The discovery phase helps ensure both sides have the opportunity to gather all available evidence to present their case.

4. Negotiate Erb's Palsy Settlements or Go to Trial

Many lawsuits are resolved through settlement without ever going before a judge or jury. If the defendant is willing to provide fair compensation, you may accept an Erb’s palsy settlement offer and move on from the case. However, if the defendant isn’t willing to settle, the case may proceed to court. 

If the case ends up in court, a jury will normally decide on the outcome. Our attorneys will advocate on your behalf, helping the jury understand the case’s circumstances and its impact on your child. After a verdict is reached, either side may appeal to a higher court if they disagree with the decision. 

Damages Available in an Erb's Palsy Lawsuit

Parents whose newborns develop Erb’s palsy due to birthing mistakes often turn to the legal system for help. Filing an Erb’s palsy claim can help you recover the compensation you need to pay for their care. Damages you may recover in a lawsuit include:

  • Reimbursement for past and future medical treatment, including doctor’s visits, hospital stays, surgery, medication, and physical therapy.
  • Lost wages if you must take off work to care for your child with Erb’s palsy.
  • Compensation for in-home care for your child.
  • Pain, suffering, and lowered quality of life. 

Missouri sets caps on medical malpractice damages. The maximum you may recover in 2024 for non-catastrophic injuries is $465,531. If the child’s Erb’s palsy is deemed catastrophic, you may recover up to $814,679. Missouri adjusts its medical malpractice caps each year. A seasoned attorney at our law firm can evaluate your case and determine the compensation available to you.

Factors That Could Impact Your Erb's Palsy Settlement Amount

Several factors may impact Erb’s palsy lawsuit settlements. Here are a few to consider:

The Severity of Your Child's Condition

Sometimes, your child’s Erb’s palsy may resolve on its own within a few months. Other children may require surgery and years of physical therapy to regain full or even partial function. Generally, you will receive higher compensation if your child has a more severe form of Erb’s palsy and will require extensive, costly treatment.

Impact on Future Earnings

In severe cases of Erb’s palsy, a child may be unable to lift or move their arm or feel normal sensations, such as touch, on the impacted body parts. If the condition is lifelong or has little chance of improving, it can hurt their future earning potential. This will increase your settlement amount.

Your Attorney's Skill

An Erb’s palsy claim is a specialized personal injury lawsuit requiring both medical and legal knowledge. If you hire an attorney unfamiliar with medical malpractice or birth injury claims, they may not understand the gravity of the situation, resulting in lower compensation.

When To File Your Lawsuit

It’s critical to seek legal advice as soon as you learn your child has Erb’s palsy or a brachial plexus injury. The sooner you begin the claims process, the easier it is to assemble evidence of your child’s condition and the medical professional’s negligent actions. The longer you wait, the harder it may be to prove your claim. This is because the quality of evidence may degrade, and witness memories may fade.  

All states set a statute of limitations, which limits the time to file a lawsuit. The deadline varies by state but generally ranges from one to three years. In the Missouri medical malpractice statute of limitations is normally two years. However, minors have until their twentieth birthday to seek damages through a lawsuit. 

Explore Your Legal Options in Filing an Erb's Palsy Lawsuit

Erb’s palsy is a severe condition that can impact your child’s physical health and require expensive medical treatments. However, with help, it may be possible to improve their long-term future, especially if you recover damages from a birth injury lawsuit that can pay for costly medical bills. 

Brown & Crouppen has decades of experience fighting for justice on behalf of medical malpractice victims. We’ve recovered over $1 billion in life-changing verdicts and settlements for our clients, allowing them to move forward with their lives. Our firm offers free consultations, and there is no fee for our services unless we win your claim. Call (800) 536-4357 or contact us online to schedule a free case evaluation.


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