Erb’s Palsy in Florida: Legal Rights and Compensation Options

Erb’s Palsy is a potentially life-altering condition that occurs during childbirth and can have a significant impact on both the child and their family. While some cases arise from unavoidable complications, many are preventable and result from medical negligence. If your child has been affected by this injury, it’s essential to understand your legal rights, the compensation available, and how to pursue justice.

This guide offers a comprehensive look at Erb’s Palsy, legal options in Florida, and the steps you can take to secure the support your family needs. By empowering yourself with knowledge, you can make informed decisions about your child’s future.

What Is Erb’s Palsy?

Erb’s Palsy, also called a brachial plexus injury, affects the nerves in the shoulder, arm, and hand. This injury typically occurs during childbirth and can range in severity from temporary weakness to permanent paralysis. It is named after Wilhelm Erb, a physician who first described the condition in the late 19th century.

How Does Erb’s Palsy Happen?

Erb’s Palsy results from damage to the brachial plexus, a network of nerves that controls movement and sensation in the arm. During a difficult or complicated delivery, excessive force on the baby’s shoulder or neck can stretch, compress, or tear these nerves, leading to the condition.

Common Causes of Erb’s Palsy

Shoulder Dystocia
This occurs when a baby’s shoulders become stuck behind the mother’s pelvic bone during delivery. In an attempt to assist, medical professionals may exert undue force, causing nerve damage.

Improper Use of Tools
Devices like forceps or vacuum extractors can save lives when used correctly. However, improper application can cause harm, including nerve injuries like Erb’s Palsy.

Failure to Identify Risk Factors
Obstetricians must assess risks during pregnancy, such as a baby’s large size (macrosomia) or a narrow birth canal. When these risks go unaddressed, the likelihood of complications increases.

Long-Term Effects

The consequences of Erb’s Palsy depend on the severity of the nerve damage. Mild cases may resolve within weeks or months with physical therapy, while severe cases may require surgical intervention and lead to permanent disability. Families often face challenges, including:

• Ongoing medical and therapy costs
• Emotional distress from witnessing their child’s struggles
• Adjustments to daily life, including specialized care and equipment needs

Legal Rights for Families Affected by Erb’s Palsy

Florida law provides families with the right to seek compensation when medical negligence causes preventable injuries like Erb’s Palsy. These laws are designed to hold healthcare providers accountable and ensure families are not left to bear the financial and emotional burden alone.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. For Erb’s Palsy cases, proving malpractice involves demonstrating:

1. Duty of Care: The medical professional was responsible for providing care.
2. Breach of Duty: The professional failed to meet the expected standard of care.
3. Causation: This breach directly caused the child’s injury.
4. Damages: The injury led to measurable harm, such as medical expenses or pain and suffering.

Statute of Limitations in Florida

The statute of limitations sets the timeframe within which a lawsuit must be filed. In Florida, parents typically have two years from the date of the injury or the date they discovered the injury to file a claim. However, cases involving minors may have extended deadlines. Promptly consulting an attorney is crucial to ensure your claim is filed on time.

Filing an Erb’s Palsy Lawsuit in Florida

Filing a lawsuit can be an intimidating process, especially when dealing with the emotional and financial stress of caring for an injured child. However, taking legal action is often the best way to secure the compensation your family deserves.

Step 1: Consult a Birth Injury Attorney
The first step is to consult an attorney who specializes in birth injury cases. These professionals understand the nuances of medical malpractice law and can guide you through every step of the legal process. During an initial consultation, the attorney will:

• Review your child’s medical records
• Assess whether negligence occurred
• Discuss potential compensation options

Step 2: Build Your Case
Once you decide to proceed, your attorney will begin building a strong case. This involves:

• Collecting medical records that document the pregnancy, delivery, and postnatal care.
• Consulting medical experts to provide testimony about how the standard of care was breached.
• Gathering evidence, such as photographs or videos, to illustrate the impact of the injury on your child’s life.

Step 3: File the Lawsuit
Your attorney will file the lawsuit in the appropriate Florida court. This legal document outlines the details of your case, including the specific allegations of negligence and the compensation you seek.

Step 4: Settlement or Trial
Many birth injury cases are resolved through settlements, where the healthcare provider or their insurance company agrees to pay compensation without going to trial. If a fair settlement cannot be reached, your attorney will represent you in court.

Compensation for Erb’s Palsy Cases

Compensation serves to alleviate the financial burden of your child’s injury and provide for their future needs. Understanding the types of compensation available can help you estimate the value of your case.

Categories of Compensation

1. Medical Expenses: This includes past and future costs for surgeries, therapies, and other treatments.
2. Pain and Suffering: Compensation for the emotional and physical impact of the injury on both the child and their family.
3. Lost Wages: If the injury affects the child’s ability to earn income later in life, families may be compensated for lost earning potential.
4. Assistive Equipment and Modifications: Covers the cost of wheelchairs, braces, and home modifications.

How Much Compensation Can You Expect?

Settlement amounts vary widely based on the severity of the injury and the extent of negligence. Mild cases may result in settlements of $100,000 to $300,000, while severe cases involving lifelong disability may reach $1 million or more. Your attorney can provide a more accurate estimate based on your specific circumstances.

Choosing the Right Attorney

Selecting the right attorney is critical for the success of your case. Not all attorneys have the expertise required to handle complex birth injury cases, so it’s important to choose one with experience and a proven track record.

Why Specialization Matters

Attorneys who specialize in birth injuries have a deep understanding of both medical and legal concepts. They can:

• Identify instances of negligence that non-specialized attorneys might overlook.
• Work with medical experts to strengthen your case.
• Negotiate effectively with insurance companies for maximum compensation.

Questions to Ask a Potential Lawyer

1. Experience: “How many Erb’s Palsy cases have you handled?”
2. Success Rate: “What is your track record in securing compensation for similar cases?”
3. Communication: “How will you keep me informed about the progress of my case?”
4. Fee Structure: “Do you work on a contingency basis, meaning you only get paid if we win?”

Frequently Asked Questions

What causes Erb’s Palsy?
Erb’s Palsy is typically caused by nerve damage during childbirth, often due to shoulder dystocia or improper use of delivery tools like forceps or vacuum extractors. Medical negligence, such as failure to anticipate complications, is a common cause.

Can I file a lawsuit for my child’s Erb’s Palsy in Florida?
Yes, if medical negligence caused your child’s injury, you can file a medical malpractice lawsuit. Consulting an experienced birth injury attorney is the first step.

What compensation can I receive in an Erb’s Palsy case?
Compensation may include medical expenses, pain and suffering, lost future earnings, and costs for specialized equipment or therapies. Settlement amounts vary based on the severity of the injury.

How long do I have to file a claim?
In Florida, the statute of limitations for medical malpractice is generally two years from the date of the injury or its discovery. Exceptions may apply for cases involving minors.

How can an attorney help with my case?
An experienced birth injury attorney can gather evidence, consult medical experts, and build a strong case to secure fair compensation. They’ll handle the legal process so you can focus on your child’s care.

Contact Rafferty Domnick Cunningham & Yaffa Today

If your child has been diagnosed with Erb’s Palsy due to medical negligence, you don’t have to face this journey alone. The law provides options to seek justice and compensation for your family’s needs.

Contact Rafferty Domnick Cunningham & Yaffa today to discuss your case. We can provide expert guidance, fight for your rights, and help secure the financial resources your child deserves. Your actions today can make all the difference for your child’s future.