Settlements in Erb's Palsy Cases

Erb's Palsy lawsuits commonly fit under the category of medical malpractice litigation. Medical malpractice in the United States is defined as "an act or omission by a health care provider, which deviates from accepted standards of practice in the medical community and which causes injury to the patient." In the United States, there has been an annual increase of medical malpractice lawsuits rising 12 percent annually since 1975. And not only are medical malpractice suits on the rise, but the monetary award received by plaintiffs has also increased by nearly 43 percent since 1999, creating an increase average of nearly $300,000 per case award, which brings the total sum of an award to $1 million, according to a database of jury verdicts compiled by a national publication company.

Many times, however, when a plaintiff develops a lawsuit against a medical organization or professional, the case is settled out of court. In other words, rather than deal with a very public and lengthy legal trial, the insurance company for which a medical professional is protected by, meets with the plaintiff and their lawyers to determine a reasonable award for the plaintiff who has suffered from an injury.

A recent Erb's Palsy case was settled in England after a 9-year-old girl was left with a disabled left arm because of birth complications. While medical malpractice laws and courts differ in England than in the United States, the premise of the law is usually similar. Negotiations were reached in a settlement following a hearing, which occurred in the Royal Courts of Justice in London. At that time, the plaintiff's lawyers established their case that the physician delivering the child, Sky Barnes, at the old Norfolk and Norwich Hospital in London did not employ the standard maneuvers when one of the child's shoulders became lodged.

While the settlement amount remains undisclosed, it had been nine years following complications of Skye's birth. She has undergone at least one surgery to correct her arm, but it was unsuccessful in rehabilitating the victim's range of motion in the paralyzed arm. Individuals who suffer from a similar predicament should speak with an experienced medical malpractice law firm. Finding a lawyer with a specialty in Erb's Palsy will help to further understand the potential for an Erb's Palsy lawsuit, which may end in settlement in Erb's Palsy cases.

Peter Kent is the best-selling author of 50 books and hundreds of newspaper and magazine articles.