Can you Sue for Erb’s Palsy?

Yes.

If your child or family member was diagnosed with Erb’s palsy due to an injury that occurred during birth, you may have grounds for a medical malpractice lawsuit.  

Starting the process and seeking the potential compensation you may be owed may seem daunting during an already complicated time in your life, but the first step is clear.

Start by speaking with a local medical malpractice lawyer who specializes in Erb’s palsy lawsuits and can guide you through the lawsuit process. 

Is Erb’s Palsy Considered a Birth Injury or Birth Defect?

Erb’s palsy is considered a birth injury, not a birth defect.

A birth injury occurs due to physical trauma or medical complications during labor and delivery.

Erb’s palsy is typically caused by stretching or damage to the brachial plexus nerves during a difficult birth, especially when there is shoulder dystocia or excessive pulling.

A birth defect, on the other hand, is a structural or functional abnormality that develops during pregnancy, often due to genetic or environmental factors—not because of something that happened during delivery.

Since this condition results from an injury sustained at birth rather than a congenital issue, it falls under the category of birth injury.

This distinction is important if you’re seeking compensation in a medical malpractice lawsuit for a brachial plexus injury and associated Erb’s palsy. 

My Infant has Erb’s Palsy. Can I File a Lawsuit for My Child’s Birth Injury?

Yes, you can file a lawsuit for an Erb’s palsy birth injury if the condition was caused by medical negligence during labor or delivery.

To have a valid claim, you must show that a healthcare provider (such as an OB-GYN or other doctor, nurse, or midwife) failed to meet the standard of care, and that failure directly caused the injury to your child’s brachial plexus nerves.

Common examples of negligence that may lead to an Erb’s palsy lawsuit include improper use of forceps or vacuum extractors, excessive pulling or force during delivery, failure to recognize or respond appropriately to shoulder dystocia, or a delayed decision to perform a C-section.

If your child was diagnosed with Erb’s palsy after birth and you suspect it may have been preventable, speaking with a birth injury lawyer can help you understand your legal options and whether a malpractice suit is appropriate.

How Do I File an Erb’s Palsy Lawsuit?

If you believe that your child’s Erb’s palsy was caused by a health provider’s error or negligence, your first step is to consult with a Chicago Erb’s palsy attorney to see if you have a valid claim.

From there, your lawyer can assist you with filing a lawsuit and then through negotiation and if applicable, an eventual settlement or trial. 

Filing a lawsuit for an Erb’s palsy birth injury typically involves the following steps:

1. Consultation with a Birth Injury Attorney. Contact an experienced medical malpractice or birth injury lawyer to evaluate whether you have a valid case. They’ll assess medical records, timelines, and the nature of the injury.

2. Medical Record Review. Your attorney will obtain and review the mother’s and child’s medical records to identify signs of medical negligence, such as excessive force during delivery, failure to perform a timely C-section, or improper use of delivery tools (like forceps or vacuum).

3. Establishing Liability. To succeed in a lawsuit, your legal team must prove the following: 

• A doctor-patient relationship existed.
  
• Said doctor or other healthcare provider breached the standard of care.
  
• This breach directly caused the injury that led to an Erb’s palsy diagnosis.
  
• The injury resulted in damages incurred such as medical costs, future care, pain and suffering, and more.
  

4. Filing the Erb’s Palsy Lawsuit. If grounds for malpractice exist, your attorney will file a complaint in civil court against the healthcare provider(s) or hospital. This starts the legal process.

5. Discovery Phase. Both sides gather evidence, including depositions, expert medical opinions, and witness statements.

6. Settlement Negotiations or Trial. Most cases settle out of court. If a settlement can’t be reached, the case goes to trial, where a judge or jury determines fault and awards damages.

7. Compensation. If successful, your Erb’s palsy lawsuit could result in compensation that covers past and future medical bills, ongoing therapy and care, pain and suffering, and lost future earnings or diminished quality of life. 

Is There A Time Limit or Statute of Limitations on Erb’s Palsy Lawsuits?

Note that every state has specific time limits for filing medical malpractice claims, often 1 to 3 years from the date of injury or discovery.

However, some states have special provisions for minors, so it’s important to act quickly.

In Illinois, the statute of limitations for an Erb’s palsy lawsuit is generally 2 years from the date the injury was discovered or should have been discovered, with an absolute four-year cutoff from the date of the medical error. 

However, for minors, the law allows lawsuits to be filed up to eight years after the injury, but no later than the child’s 22nd birthday.

Exceptions may apply if the injury was fraudulently concealed or if the child has a legal disability. 

Attorneys for an Erb’s Palsy Lawsuit in Chicago

We’re a Chicago-based law firm specializing in medical malpractice with extensive experience representing clients in Erb’s palsy lawsuits, securing compensation for medical expenses, lost wages, and pain and suffering. 

Some examples of cases our Chicago Medical Malpractice Lawyers help recovered includes a $1,250,000 in connection with confidential medical malpractice case.

Frequently Asked Questions and Answers for Chicago Erb’s Palsy Lawsuits

How do I know if I have a potential malpractice lawsuit claim related to my child’s Erb’s palsy?

You may have a lawsuit claim for Erb’s palsy if a healthcare provider failed to follow the accepted medical standard of care during labor or delivery and that failure directly caused your child’s injury. A malpractice attorney and a medical expert can help determine whether this standard applies. 

How do I start the process of getting compensation for my infant’s Erb’s palsy?

To start the process of seeking compensation for your infant’s Erb’s palsy, contact a specialized birth injury attorney who can review your case and help gather medical records and evidence of negligence. They will guide you through filing a claim and pursuing the compensation your family deserves by negotiating a settlement or taking the case to trial. 

Can I still file a lawsuit if my child’s Erb’s palsy wasn’t noticed immediately?

Yes. Many states (including Illinois) allow lawsuits to be filed within a certain time after the injury is discovered, which is known as the discovery rule. This is especially important because symptoms of Erb’s palsy don’t always appear immediately after birth.

Is my doctor, nurse, or hospital liable for Erb’s palsy injuries? 

Liability for Erb’s palsy injuries typically falls on healthcare providers including doctors, nurses, and clinics or hospitals. Proving liability often requires demonstrating that said professionals deviated from the standard of care, resulting in the birth injury that led to your child developing Erb’s palsy. 

Does Erb’s palsy qualify as a disability? 

Yes, an Erb’s palsy case that causes major limitations in movement, strength, or function of the affected arm may be considered a disability under the Americans with Disabilities Act (ADA). Like any condition that significantly impacts a person’s ability to perform daily activities or work, individuals with Erb’s palsy may qualify for certain government benefits.

Do You Have an Erb’s Palsy Case in Chicago, Illinois?

Do you think you have a lawsuit claim based on a birth injury that resulted in Erb’s palsy and occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers today for a free case evaluation.