Erb's Palsy Settlement Question...

by Anonymous
(USA)

I have an Erb's Palsy settlement question... My little boy was born on 3-30-11. I was told he has Erb's palsy from being pulled from me and due to his birth weight. He's only moved his arm a couple of times and cries a lot with it. He has to have therapy on it and the doc said if he doesn't improve by 6 months then he'll have to have surgery.

Is it possible that I have a case for medical malpractice since he got Erb's palsy from being pulled out of me at birth?

Visitor Question:
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ANSWER for "Erb's Palsy Settlement Question...":

When you say your infant was “pulled out of me at birth” it is difficult to understand if you are referring to a Caesarean Section Procedure, or a normal delivery. If you truly believe the physician’s actions resulted in Erbs Palsy then you should certainly pursue a claim against the physicians, the hospital, and other related parties.

The only way to know the existence or degree of liability is to thoroughly research the subject. Your research should include, but not be limited to, consultations with experts in the field of Erbs Palsy. If, after you have dutifully completed your research and are still confident the physician’s actions caused Erbs Palsy in your child, you should seek legal counsel.

It is imperative you understand there is a 2 years Statute of Limitations in a case like this. That means from the date of injury – which would be the date of delivery - you will have 2 years to either settle your child’s case or file suit. Even just one day passed that time period and you may lose your rights on behalf of your son, to recover any amounts and will be further barred from filing a lawsuit.

Now, there are very few exceptions to the Statute of Limitations. One is filing a claim against a government run facility. If the hospital was a governmentally run business then the Tort Claims Act may come into play.

It appears this case is one in which you should really seek legal counsel at your earliest convenience.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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