Last Updated on October 9, 2024

How to File an Erb’s Palsy Lawsuit in New York

Erb's Palsy is a birth injury caused by excessive stretching of an infant's neck during delivery. Such injuries occur due to improper use of techniques and/or mismanagement of labor. This condition can be permanent in more severe cases.

Families may pursue further legal action against negligent healthcare providers that caused them harm. Through a medical malpractice claim, families may be rightfully compensated.

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Steps for Filing an Erb’s Palsy Lawsuit

1. Consult an Attorney

Seek a medical malpractice lawyer experienced in birth injury cases, particularly Erb's Palsy. They'll evaluate your case and guide you through the legal process. Most legal counsel provide free consultations for victims of malpractice.

2. Gather Medical Records

Collect all relevant medical documents related to the pregnancy, delivery, and subsequent treatment. These records are crucial evidence for your case. Note that this evidence must be formally requested by your legal representative.

3. Establish Negligence & File a Certificate of Merit

Your attorney will work with medical experts to prove that healthcare providers' negligence caused the Erb's Palsy during delivery or treatment. A certificate of merit is a document stating an attorney has consulted a medical expert who believes there's a reasonable basis for the lawsuit.

4. File the Complaint

Officially submit your lawsuit to the court, detailing the allegations against the defendants and the damages sought. Visit the official State of New York website for more information on state claims.

5. Serve the Defendants

Formally notify the defendants (usually the doctor and/or hospital) of the lawsuit, giving them opportunity to prepare and respond.

6. Discovery Process

Exchange information with the defendants, including documents, written questions (interrogatories), and depositions to gather evidence for the case.

7. Negotiate Settlement

Attempt to resolve the case out of court through settlement negotiations. Many cases settle before reaching trial.

8. Go to Trial (for failed settlements)

If settlement fails, work with your attorney to prepare arguments, evidence, and witnesses for court presentation. Present your case before a judge or jury, who will determine if the defendants are liable and what damages should be awarded.

How Long Do Erb’s Palsy Cases Take?

Patience is crucial in birth injury cases – as thorough preparation and legal maneuvering take time to ensure the best possible outcome. Erb's Palsy cases in New York can vary significantly, typically ranging from 1 to 3 years. Factors influencing the timeline include:

  • Complexity of the case;
  • Strength of evidence;
  • Court schedules; and lastly
  • Whether or not a settlement is reached

Defendants often opt for settlements for several reasons. Through settlements, they can reduce legal costs associated with prolonged litigation and avoid undesirable trial outcomes. Additionally, settlements help defendants prevent potential damage to their reputation that could result from a public trial.

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Medical Costs and Compensation

Lifetime costs for Erb’s Palsy can vary depending on the severity of the condition. More severe cases naturally require comprehensive and complementary treatments. These treatments include:

  • Surgery
  • Continuous physical therapy
  • Occupational therapy
  • Botox injections
  • Orthotic devices

All medical expenses (past and future) are considered in a medical malpractice claim. In birth injury cases, compensation ensures that an injured child is provided with all the necessary support for their growth and development.

Apart from medical expenses, other economic and non-economic losses are also factored in. Lost income, emotional trauma, and decreased quality of life are some of the more common considerations. For actual compensation figures, please refer to our previous wins.

Speak to a Medical Malpractice Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.

Written By
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
Legally Reviewed on October 9, 2024
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Michael S. Porter on October 9, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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