According to the National Institutes of Health, Erb’s palsy is a form of brachial plexus injury that occurs when the nerves around the shoulder are damaged.
During childbirth, this can happen if the baby’s head and neck are forced into an abnormal position.
Erb’s palsy can cause paralysis of the arm and hand on the affected side, leading to muscle control and sensation problems in some cases. The good news is that most people with Erb’s palsy recover fully within a few months.
However, in some cases, the damage to the nerves is permanent, and the person may require lifelong care. In this case, you can file a claim. Here are ten things you should know about Erb’s palsy claims.
1. Medical negligence:
Erb’s palsy can occur due to medical negligence during childbirth. For example, the baby’s head and neck may be forced into an abnormal position if the delivery is complicated, damaging the nerves. In such a case of medical negligence, you may be able to file a claim against the doctor or hospital.
In addition, you can opt for an Erbs palsy lawsuit to claim damages. However, you will need to prove that the medical negligence caused the palsy. And you will also need to show that you have suffered damages due to Erb’s palsy.
2. Product liability:
In some cases, Erb’s palsy may be caused by a defective product. For example, if the delivery table is not sturdy enough, it may collapse during delivery, damaging the nerves.
Suppose you believe that a defective product caused your child’s palsy. In that case, you may be able to file a claim against the manufacturer. The product liability claim will require you to prove that the product was defective and that the defect caused the palsy.
3. Wrongful death:
In some cases, Erb’s palsy may lead to wrongful death. It can happen if the palsy is severe and leads to complications that result in death. If you believe that your child died due to Erb’s palsy, you may be able to file a wrongful death claim against the doctor or hospital.
Wrongful death claims are complex, and you will need to prove that the death was caused by the doctor or hospital’s negligence.
4. Damages:
If you are successful in your Erb’s palsy claim, you may be entitled to damages. These can include medical expenses, lost wages, pain and suffering, and more. In addition, you may also be able to claim punitive damages in some cases. The damages will depend on the facts of your case and the laws of your state.
In addition, you should also know that there are time limits for filing an Erb’s palsy claim. You must never forget that these time limits are strict, and you will need to file your claim before the deadline. In most cases, you will need to file the claim within two years of the date of the injury.
5. Statute of limitations:
It is important to note that there is a statute of limitations for Erb’s palsy claims. This means that you will need to file your claim within a certain timeframe. In most cases, the statute of limitations is two years from the date of the injury. However, the statute of limitations may differ in your state, so it is important to check with an attorney.
6. No-fault states:
Some states have no-fault laws for birth injuries. It means that you will not be able to file a claim against the doctor or hospital unless you can prove that they were negligent.
Therefore, if you live in a no-fault state, it is important to check the laws before filing a claim. However, even in no-fault states, you may still be able to file a claim against the manufacturer if a defective product caused the palsy.
7. Comparative negligence:
In some cases, the court may find that both the doctor and the parents are at fault for Erb’s palsy. This is known as comparative negligence. The damages will be apportioned between the parties based on their degree of fault in such a case.
Negligence is a complex legal concept, and you will need to prove that the other party was at fault to succeed in your claim. However, comparative negligence may be considered even if you cannot prove fault.
8. Class action lawsuit:
In some cases, Erb’s palsy may be caused by a defective product. If this is the case, you may be able to join a class-action lawsuit against the manufacturer. And, if the class-action lawsuit is successful, you may be entitled to damages.
The advantage of a class-action lawsuit is that it allows multiple people to join together and sue the manufacturer. The disadvantage is that you will not have as much control over the case as in an individual lawsuit. You can always speak to an attorney to see if a class-action lawsuit is right for you.
9. Settlement:
The parties may agree to settle the case out of court in some cases. For example, it can happen if both sides agree on the cost of damages. If you are offered a settlement, you should consult with an attorney before accepting it. You can also consult an attorney if you are unsure whether to file a lawsuit or settle out of court.
Whether to settle or go to trial is complex, and you should not make it without consulting an attorney. However, if you decide to settle, you will need to sign a release of liability form. This form will release the other party from any liability in the case.
The Bottom Line:
Erb’s palsy is a serious condition that can lead to lifelong complications. If you or your child has been affected by Erb’s palsy, you may be able to file a claim. First, you must prove that the palsy was caused by negligence or a defective product. You will also need to show that you have suffered damages due to palsy. Lastly, you will need to file your claim within the statute of limitations.
If you have any questions about filing an Erb’s palsy claim, you should speak to an experienced attorney.
