If your child has Erb’s palsy due to a medical error during birth, you might wonder, “Can you sue for Erb’s palsy?” It usually happens when the shoulder nerves get injured during the process of being born. Therefore, it makes the baby’s arm weak and hard to move.
If the condition was caused by medical negligence or improper handling during birth, you may have legal options to seek compensation through a lawsuit. Thus, you need to understand your rights and consult with legal experts to pursue legal action. Read the explanation below!
What Is Erb’s Palsy?
According to the National Library of Medicine, Erb’s palsy refers to a condition when the nerves in your shoulder and arm don’t work right, making your muscles weak or unable to move well.
Inside the human body, there’s a group of five nerves called the brachial plexus. These nerves connect your spine to your arm and hand, allowing you to feel and move them.
When these nerves get stretched or torn, the condition may cause brachial plexus palsy. Erb’s palsy is the most common type of this problem and affects the upper nerves in the bunch. Palsy means your muscles can’t work properly because they’re too weak or not moving at all.
What Are the Causes of Erb’s Palsy?
In fact, Erb’s palsy happens in about 0.9 to 2.6 babies out of 1,000 born alive, which means almost 12,000 cases each year. Accordingly, it tends to occur more often in bigger babies who get stuck during birth and need assistance to be delivered.
However, medical malpractice during childbirth sometimes can cause this injury. It occurs when there’s damage to the brachial plexus nerves, often due to excessive force during delivery.
Therefore, if you wonder, “Can you sue for Erb’s palsy?” and believe that mistakes by doctors caused this problem, it’s important to get help from a lawyer who specializes in medical mistakes.
What Kinds of Injuries Happen with Erb’s Palsy?
Usually, there are four primary kinds of injuries that occur with Erb’s Palsy, as follows.
1. Avulsion that happens when the nerve is torn away from the spine, which is the most severe type of Erb’s Palsy.
2. Rupture which occurs when the nerve tears, but not at the spine.
3. Neuroma is when the nerve tears and then heals but leaves scar tissue.
4. Neuropraxia is when the nerve gets stretched but doesn’t tear.
What Are the Symptoms of Erb’s Palsy?
Erb’s palsy affects the shoulder, arm, and elbow. Usually, hand muscles aren’t affected, but there might be tingling or numbness sensation in the hands. Commonly, the symptoms include:
1. Difficulty or lack of strength in the shoulder, arm, and elbow.
2. Numbness or tingling sensation in your arm or hand.
3. The palm faces backward, and the fingers curl.
Can You Sue For Erb’s Palsy and How to Qualify?
Yes, you can take legal action if you think medical mistakes caused Erb’s palsy. To start ahead with a lawsuit, you should look at a few things that we’ll explain below!
1. Evidence of Medical Negligence
First, there must be evidence that the healthcare provider’s actions fell below the accepted standard of care. For instance, if excessive force was used during delivery or proper procedures weren’t followed leading to nerve damage.
2. Causal Connection
It must be established that negligence directly caused Erb’s palsy. You should be showing proof that the medical professional’s actions or lack thereof led to a nerve injury.
3. Damages
You can certainly start a lawsuit if Erb’s palsy resulted in damages. For instance, medical expenses, ongoing treatment costs, pain and suffering, loss of income, and other related expenses.
4. Statute of Limitations
There’s a time limit within which a lawsuit must be filed after the injury occurs. As a matter of fact, this varies by state, therefore it’s necessary to consult with a lawyer promptly.
How Much Is Erb’s Palsy Lawsuit Settlement?
Now, if you wonder, “Can you sue for Erb’s palsy?” and finally decide to sue the hospital or the doctor because your child got injured, you can receive compensation for it. Yet, the potential amount you might receive hinges on the injuries, factors, and your child’s recovery.
For instance, there was a case where a girl got $1.25 million because she had an impaired arm since birth that limited its movement permanently.
In addition, the money you get from Erb’s palsy settlement would be enough to cover all future expenses for your child. This might include medical bills, special tools for home use, and schooling costs. Fortunately, you could also receive compensation for lost income and emotional distress.
How to Sue Erb’s Palsy?
Here are five general steps you might take if considering a lawsuit related to Erb’s palsy.
1. Consultation with a Lawyer
Begin your actions by seeking legal advice from an attorney experienced in medical malpractice. They can evaluate your case’s specifics by discussing the circumstances surrounding the birth and the subsequent injury to determine if there are grounds for a lawsuit.
2. Gathering Evidence
Then, work with your lawyer to collect all relevant medical records, documents, and any other evidence that supports your claim of medical negligence leading to Erb’s Palsy. This includes records of prenatal care, labor, and delivery.
3. Filing a Complaint
If your lawyer believes there’s a case, they will file a complaint or claim against the healthcare provider or facility responsible for the injury. In the end, this step will initiate the legal process.
4. Discovery and Pre-trial Proceedings
Both sides will exchange information during the discovery phase. This involves gathering evidence, depositions, and other information relevant to the case. Thus, when the pre-trial procedures occur, negotiations might take place to settle the case before trial.
5. Trial or Settlement
The last step is if a settlement isn’t reached, the case proceeds to trial. During the trial, evidence is presented, and arguments are made. A judge or jury decides the case. So, if successful, a settlement or compensation amount is determined based on the verdict.
So, Can You Sue For Erb’s Palsy? Yes, You Can!
If your child has been diagnosed with Erb’s palsy and you believe that medical mistakes during birth led to this condition, you have the legal right to pursue a lawsuit. While it’s a complex process, consulting with a knowledgeable attorney specializing in medical malpractice is a crucial first step.
They can assess the details of your case, help gather evidence, and guide you through the legal proceedings. Remember that seeking justice for your child’s injury is not only your right but also a way to ensure their future needs are met.
