At Tittle & Perlmuter, our Cleveland erb’s palsy and cerebral palsy lawyers hold medical providers liable for malpractice. Was your child diagnosed with erb’s palsy or cerebral palsy? Your family may potentially have a claim for medical malpractice. Contact us at our Cleveland office today for a free, fully confidential consultation with an experienced Ohio medical malpractice attorney.
What is Erb’s Palsy?
The Cleveland Clinic explains that Erb’s Palsy is a condition that is also sometimes referred to as brachial plexus birth palsy. It results from nerve damage near the neck and can adversely affect one or more of the upper nerves in the brachial plexus. In many cases, it is a birth injury. Indeed, the damage often occurs during childbirth—particularly in cases of a difficult delivery or excessive pulling on the shoulders. The condition primarily manifests as weakness, loss of feeling, and even paralysis in the arm. Treatment—including long-term physical therapy—is required.
What is Cerebral Palsy?
As explained by the Cleveland Clinic, cerebral palsy is a term that is used to describe a group of disorders that can adversely affect a person’s ability to move and maintain balance and posture. In many cases, the root cause is abnormal brain development and/or some form of damage to the brain. While the symptoms can vary widely, they often include stiffness, poor coordination, involuntary movements, and even difficulties with speech.
Erb’s Palsy/Cerebral Palsy May Be Caused By Medical Negligence
Both Erb’s Palsy and Cerebral Palsy can be caused by medical negligence. Indeed, both complications are types of birth injuries. Erb’s Palsy most often results from injury to the brachial plexus nerves during childbirth. Rough treatment, such as a doctor’s excessive pulling on a newborn’s shoulders, can cause the injury.
On the other hand, Cerebral Palsy is often related to brain damage that occurs before, during, or shortly after birth. The damage can result from various factors, including oxygen deprivation, infection, or trauma during the birth process. However, Cerebral Palsy can also stem from pre-birth factors, such as developmental issues during pregnancy.
Understanding Medical Malpractice Liability in Ohio
A poor outcome during medical care—including childbirth—is not automatically medical malpractice in Ohio. There are a number of specific elements that must be proven to hold a doctor, hospital, or other provider liable. To start, there must be an established doctor-patient relationship that creates a duty of care. Next, the healthcare provider must have breached this duty of care by deviating from the standard medical practices accepted in Ohio. The deviation is considered negligence. Finally, the breach of duty must directly cause injury or harm to the patient.
We Help Victims and Families Seek the Maximum Compensation
Erb’s Palsy and Cerebral Palsy can be debilitating medical conditions. Sadly, medical malpractice insurers fight hard to pay out the absolute minimum to victims and families. Our Cleveland medical malpractice lawyers fight hard for the maximum settlement. Your family needs absolute financial support. You may be entitled to compensation for:
- Emergency medical treatment;
- Hospital bills and other health care costs;
- Future medical needs;
- Loss of earning capacity;
- Pain and suffering;
- Mental anguish; and
- Long term disability.
Ohio has a statutory cap on medical malpractice damages. While you can recover compensation for the full value of your economic losses, non-economic damages are capped by law. As of 2024, the cap is generally $250,000 or three times the amount of economic damages awarded, whichever is greater. There is a $350,000 cap per plaintiff ($500,000) catastrophic or permanent impairment.
How Our Cleveland Erb’s Palsy & Cerebral Palsy Lawyers Can Help
Medical malpractice claims are complicated—especially those resulting in Erb’s Palsy & Cerebral Palsy. At Tittle & Perlmuter, we help families in Ohio navigate these legal challenges. With a proven record of reviews from clients and successful case results, our law firm puts people first. Among other things, our Cleveland cerebral palsy lawyers are prepared to:
- Answer legal questions about Erb’s Palsy or Cerebral Palsy;
- Investigate your malpractice case, gathering relevant evidence;
- Consult with the right medical experts for your specific case; and
- Develop a personalized strategy to maximize your results.
Erb’s Palsy & Cerebral Palsy: Frequently Asked Questions (FAQs)
How Do We Know If Erb’s Palsy or Cerebral Palsy is Medical Malpractice?
To determine if Erb’s Palsy or Cerebral Palsy is due to medical malpractice, it is necessary to establish that the medical provider’s actions deviated from standard care practices and directly caused the condition. Do not assume you have no case. Speak to a Cleveland malpractice attorney.
Do You Need a Medical Expert to Bring a Birth Injury Claim?
Yes. Under Ohio state law, a medical expert is typically required to bring a birth injury claim. Before a claim can be filed, a qualified expert will generally need to submit an Affidavit of Merit that supports that your claim meets certain standards.
What is the Deadline to File a Birth Injury Malpractice Claim in Ohio?
In Ohio, the deadline to file a birth injury malpractice claim is generally within one year of the date the injury is discovered, but no more than four years from the date the act causing the injury occurred. However, minor victims (infants) may have additional time to bring a claim.
Contact Our Cleveland Erb’s Palsy & Cerebral Palsy Lawyers for a Free Case Review
At Tittle & Perlmuter, our Cleveland malpractice attorneys handle Erb’s and cerebral palsy claims. Was your child diagnosed with Erb’s palsy or cerebral palsy? You may have a claim for medical malpractice. Reach out to us by phone now or connect with us directly online for your free, no-obligation consultation.
